In the Matter of the Estate of Florence Scaccia Deceased. David Scaccia et ; Dante M. Scaccia.

Motion No: 502769

Slip Opinion No: 2009 NYSlipOp 63022(U)

Decided on January 30, 2009

Appellate Division, Third 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.

Decided and Entered: January 30, 2009

Case #
502769

505395

505396

In the Matter of the Estate of FLORENCE SCACCIA, Deceased. DAVID SCACCIA et al., Respondents; DANTE M. SCACCIA, Appellant.

DECISION AND ORDER ON MOTION

Motion for extension of time to perfect appeals and to consolidate appeals.

Cross motion to dismiss.

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 motion for an extension of time to perfect the appeals is granted, without costs, and the time to perfect the appeals is extended to March 31, 2009. It is noted that no further extension of time to perfect the appeals will be granted, and it is further

ORDERED that the appeals are dismissed, without costs, unless appellant shall file and serve his record on appeal and brief on or before March 31, 2009, in which event the cross motion to dismiss is denied, and it is further

ORDERED that the motion to consolidate is granted, without costs, to the extent that the appeal from the order of Surrogate's Court dated November 25, 2008 shall be heard together with the appeals in case Nos. 502769, 505395 and 505396. Appellant may perfect the appeals upon a joint record on appeal and brief.
CARDONA, P.J., MERCURE, KANE, MALONE JR. and STEIN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court