| Wallace v Johnston |
| Motion No: 2010-07745 |
| Slip Opinion No: 2011 NY Slip Op 64955(U) |
| Decided on February 23, 2011 |
| 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
M115933
P/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
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2010-07745 DECISION & ORDER ON APPLICATION Denise C. Perret Wallace, et al., appellants, v John J. Johnston, Jr. and Pamela J. Carr, as co-executors of the estate of Phyllis Perret, et al., respondents. (Index No. 35365/07)
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Separate applications by the appellants to substitute John J. Johnston, Jr. and Pamela J. Carr, as co-executors of the estate of Phyllis Perret, for the deceased defendant Phyllis Perret, and
pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 23, 2010.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application to substitute John J. Johnston, Jr. and Pamela J. Carr, co-executors of the estate of Phyllis Perret, for the deceased defendant Phyllis Perret, is granted, and the caption is amended accordingly; and it is further,
ORDERED that the application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the appellants' time to perfect the appeal is granted to the extent that the record or appendix on the appeal and the appellants' brief must be served and filed on or before April 25, 2011, and the application is otherwise denied.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court