Appellate Division: Second Judicial Department

M87323

E/sl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

RANDALL T. ENG

L. PRISCILLA HALL, JJ.

2008-08228 In the Matter of Margaret A. McKeown, a/k/a Marge McKeown, deceased. Thomas McKeown, et al., appellants; Mary McKeown Virga, et al., respondents. (File No. 2239/03)

DECISION & ORDER ON MOTION

Motion by the appellant Kevin McKeown on appeals from a decree of the Surrogate's Court, Westchester County, entered August 25, 2008, to transfer venue of the matter to the Surrogate's Court, Kings County, and to enlarge the time to perfect the appeal. Cross motion by the respondent Mary McKeown Virga to dismiss the appeal of Kevin McKeown for failure to timely perfect.

Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation to the cross motion, it is

ORDERED that on the court's own motion, the appeal by Thomas McKeown is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal by Kevin McKeown is granted, the time to perfect that appeal is enlarged until July 28, 2009, and the record or appendix on the appeal and Kevin McKeown'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 branch of the motion which is to transfer venue of the matter to the Surrogate's Court, Kings County, and the cross motion are denied.

MASTRO, J.P., FISHER, ENG and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court