In the Matter of the Estate of Jay Williams Kelsall Also Known as Jay W. Kelsall Also Known as Jay Kelsall Deceased. John B. Kelsall ; Grant Wallace as Executor of the Estate of Jay Williams Kelsall Also Known as Jay W. Kelsall Also Known as Jay Kelsall Deceased

Motion No: 509820

Slip Opinion No: 2010 NY Slip Op 79416(U)

Decided on August 6, 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: August 6, 2010

Case # 509820

In the Matter of the Estate of JAY WILLIAMS KELSALL, Also Known as JAY W. KELSALL, Also Known as JAY KELSALL, Deceased. JOHN B. KELSALL, Respondent; GRANT WALLACE, as Executor of the Estate of JAY WILLIAMS KELSALL, Also Known as JAY W. KELSALL, Also Known as JAY KELSALL, Deceased, Respondent.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal or for extension of time to file and serve responding brief.

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

ORDERED that the motion to dismiss is denied, without costs, and without prejudice to the issue involved being raised upon the argument of the appeal, and it is further

ORDERED that the motion for an extension of time to file and serve the responding brief is granted, without costs, and the time is extended to September 7, 2010.
CARDONA, P.J., MERCURE, SPAIN, MALONE JR. and STEIN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court