Matter of O'Malley, deceased
Motion No: 2009-08629
Slip Opinion No: 2010 NY Slip Op 87964(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M110993

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2009-08629

In the Matter of Grace O'Malley, deceased.

Kathleen O'Malley, appellant-respondent;

John O'Malley, respondent-appellant.

(File No. 3604/05)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to enlarge the time to serve and file a brief on an appeal and cross appeal from a decree of the Surrogate's Court, Queens County, dated August 18, 2009.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the respondent-appellant's time to serve and file a brief is enlarged until November 30, 2010, and the respondent-appellant's brief, including the points of argument on the cross appeal (see 22 NYCRR 67.8[c][3]), must be served and filed on or before that date.

RIVERA, J.P., ANGIOLILLO, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court