Matter of Lerner, deceased
Motion No: 2010-00377
Slip Opinion No: 2010 NY Slip Op 81988(U)
Decided on September 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

M108203

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2010-00377

In the Matter of Arnold Lerner, deceased.

Richard Lerner, respondent; James Lerner,

appellant.

(File No. 670/06)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Westchester County, dated November 12, 2009.

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

ORDERED that the motion is granted to the extent that the appellant's time to perfect the appeal is enlarged until October 25, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and the motion is otherwise denied; and it is further,

ORDERED that no further enlargement of time shall be granted.

DILLON, J.P., FLORIO, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court