| Matter of Beharrie, deceased |
| Motion No: 2010-04119 |
| Slip Opinion No: 2010 NY Slip Op 87962(U) |
| Decided on November 16, 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. |
Appellate Division: Second Judicial Department
M111029
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
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2010-04119 DECISION & ORDER ON APPLICATION In the Matter of Philmour Beharrie, deceased. Tyshawna Mendez, appellant; Nataki Lewis, respondent. (File No. 2581/09)
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Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Surrogate's Court, Kings County, dated February 25, 2010.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the court's own motion, the notice of appeal from the decision dated February 25, 2010, is deemed to be a premature notice of appeal from a decree of the same court dated April 15, 2010 (see CPLR 5520[c]); and it is further,
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 18, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
RIVERA, J.P., BALKIN, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court