| Matter of Barich, deceased |
| Motion No: 2010-08692 |
| Slip Opinion No: 2011 NY Slip Op 66760(U) |
| Decided on March 11, 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
M116897
B/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2010-08692, 2010-08693 In the Matter of Susan L. Barich, deceased. Walsh, Wicks & Salisbury, appellant; Miriam Hantout, et al., respondents. (File No. 95487)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Surrogate's Court, Dutchess County, dated June 11, 2010, and a decree of the same court dated August 23, 2010.
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 appeal from the decision dated June 11, 2010 (Appellate Division Docket No. 2010-08693), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the decision dated June 11, 2010, is denied as academic; and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the decree dated August 23, 2010, is granted and the appellant's time to perfect the appeal is enlarged until March 28, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court