Matter of Fogel, deceased
Motion No: 2008-00500
Slip Opinion No: 2008 NYSlipOp 77041(U)
Decided on July 7, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M72805

S/cb

DAVID S. RITTER, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2008-00500

In the Matter of Abraham Fogel, deceased.

Mordecai Fogel, respondent; Kayla Fogel,

appellant.

(File No. 1234/06)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decree of the Surrogate's Court, Kings County, dated November 9, 2007.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is.

ORDERED that the notice of appeal from a decision of the same court dated September 18, 2007, is deemed to be a notice of appeal from the decree dated November 9, 2007 (see CPLR 5512); and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 22, 2008, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RITTER, J.P., ANGIOLILLO, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court