| Matter of Scher, deceased |
| Motion No: 2008-10048 |
| Slip Opinion No: 2009 NY Slip Op 83062(U) |
| Decided on September 15, 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. |
Appellate Division: Second Judicial Department
M91899
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2008-10048 In the Matter of Harold Scher, deceased. Mark Scher, et al., respondents; Marc Dennis Scholnick, ancillary executor of the estate of Leah Ruth Scher, appellant. (File No. 2987/06)
| DECISION & ORDER ON APPLICATION |
Application by the appellant on an appeal from an order of the Surrogate's Court, Kings County, dated September 9, 2008, to substitute Marc Dennis Scholnick, ancillary executor of the estate of Leah Ruth Scher, for the deceased appellant Leah Ruth Scher, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and Marc Dennis Scholnick, ancillary executor of the estate of Leah Ruth Scher, is substituted for the deceased appellant Leah Ruth Scher, and the caption has been amended accordingly; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until November 23, 2009, and the record or appendix on appeal and the appellant's brief shall be served and filed on or before that date.
PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court