| Matter of Derrick, deceased |
| Motion No: 2010-05514 |
| Slip Opinion No: 2010 NY Slip Op 89992(U) |
| Decided on December 7, 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
M112150
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2010-05514 In the Matter of Fred Derrick, deceased. Mildred Joseph, appellant; Public Administrator of Kings County, respondent. (File No. 1772/78)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a decision of the Surrogate's Court, Kings County, dated March 11, 2010, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the decision dated March 11, 2010, is deemed to be a notice of appeal from a decree of the Surrogate's Court, Kings County, dated April 5, 2010 (see CPLR 5512[a]); and it is further,
ORDERED that the motion is granted; and it is further,
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 6, 2011, and the respondent's brief must be served and filed on or before that date.
BALKIN, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court