Appellate Division: Second Judicial Department

M115439

E/sl

A. GAIL PRUDENTI, P.J.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

SANDRA L. SGROI, JJ.

2010-06748, 2010-06749 In the Matter of Ira Schwarzenberger, deceased. Helene Schwarzenberger, appellant; Marsha Matthews, etc., et al., respondents. (File No. 6027/91)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from two orders of the Surrogate's Court, Kings County, dated November 28, 2007, and March 30, 2010, respectively, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix or record on appeal, for poor person relief, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, the appellant's time to perfect the appeals is enlarged until March 31, 2011, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix or record on appeal is denied with leave to renew upon filing the appellant's appendix or record on appeal; and it is further,

ORDERED that the branches of the motion which are for poor person relief and for the assignment of counsel are denied.

PRUDENTI, P.J., ANGIOLILLO, BELEN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court