In the Matter of Filomena D. an Incapacitated Person. Howard Carpenter Jr. as Guardian of the Property of Filomena D.; Roberta E. et

Motion No: 509089

Slip Opinion No: 2010 NY Slip Op 67991(U)

Decided on April 2, 2010

Appellate Division, Third 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.

Decided and Entered: April 2, 2010

Case # 509089

In the Matter of FILOMENA D., An Incapacitated Person. HOWARD CARPENTER JR., As Guardian of the Property of FILOMENA D.; ROBERTA E. et al., Appellants.

DECISION AND ORDER ON MOTION

Motion for extension of time to perfect appeal.

Cross motion to dismiss appeal.

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

ORDERED that the motion for an extension of time to perfect the appeal is granted, without costs, and the time to perfect the appeal is extended to June 1, 2010, and it is further

ORDERED that the appeal is dismissed, without costs, unless appellants shall file and serve the record on appeal and brief on or before June 1, 2010, in which event the cross motion to dismiss the appeal is denied.
CARDONA, P.J., MERCURE, ROSE, LAHTINEN and MALONE JR., JJ, concur.
ENTER:

Michael J. Novack
Clerk of the Court