Matter of Marsh, deceased
Motion No: 2009-07944
Slip Opinion No: 2010 NY Slip Op 63321(U)
Decided on February 10, 2010
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

M98435

J/nl

2009-07944

ORDER ON APPLICATION

In the Matter of Irene B. Marsh, deceased.

Bank of New York, petitioner-appellant-respondent;

Adrienne Marsh Lefkowitz, respondent-appellant;

McCarthy Fingar LLP, nonparty-appellant-respondent.

(File No. 1606/90)

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from a decree of the Surrogate's Court, Westchester County, dated June 5, 2009.

ORDERED that the application is granted; and it is further,

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until March 8, 2010, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court