Appellate Division: Second Judicial Department

M87121

E/sl

STEVEN W. FISHER, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2008-10071 In the Matter of Vera Hyra, deceased. Maria Wislocki, appellant; Bertine Hufnagel, et al., respondents. (File No. 659-07)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Westchester County, dated October 6, 2008. By order to show cause dated April 23, 2009, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that it had been rendered academic by a stipulation of settlement entered into between the parties on February 9, 2009, and the application was held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, and upon the application, it is

ORDERED that the motion to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 27, 2009, and the record or appendix on the appeal and the appellant'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.

FISHER, J.P., MILLER, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court