| Matter of Venezia, deceased |
| Motion No: 2008-01938 |
| Slip Opinion No: 2008 NYSlipOp 92818(U) |
| Decided on December 23, 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. |
Appellate Division: Second Judicial Department
M80152
E/sl
REINALDO E. RIVERA, J.P.
FRED T. SANTUCCI
EDWARD D. CARNI
THOMAS A. DICKERSON, JJ.
|
2008-01938 In the Matter of Paula M. Venezia, deceased. Joanne Zaccaria, appellant; Edward H. Pennington, III, respondent. (File No. 2100/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Surrogate's Court, Kings County, dated October 16, 2007, and for an award of costs, or, in the alternative, to enlarge the time to serve and file a brief. Cross motion by the appellant, in effect, to preclude the respondent from filing a brief.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted and the respondent's time to serve and file a brief is enlarged until January 5, 2009, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied.
RIVERA, J.P., SANTUCCI, CARNI and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court