Matter of Morris, deceased
Motion No: 2008-01932
Slip Opinion No: 2009 NYSlipOp 65307(U)
Decided on March 4, 2009
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

M83163

J/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2008-01932

In the Matter of Phyllis Morris, deceased.

Herman Thomas, respondent; Jacqueline Morris,

et al., appellants.

(File No. 3565/06)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated February 26, 2009, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Motion by the appellants to enlarge the time to perfect an appeal from a decree of the Surrogate's Court, Kings County, entered September 7, 2007.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the appellants' time to perfect the appeal is enlarged until April 1, 2009, and the record or appendix on the appeal and the appellants' 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.

FISHER, J.P., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court