Appellate Division: Second Judicial Department

M118636

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2010-04876, 2010-07969 In the Matter of Catherine Stangel, deceased. Frank J. Stangel, appellant; George J. Stangel, respondent. (File No. 2625/06)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from an order of the Surrogate's Court, Queens County, dated April 16, 2010, and a decision of the same court dated July 21, 2010, and to consolidate the appeals.

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 on the Court's own motion, the appeal from the decision dated July 21, 2010 (Appellate Division Docket No. 2010-07969), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated April 16, 2010, is granted, the appellant's time to perfect the appeal is enlarged until June 13, 2011, and the record or appendix on the appeal 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 branches of the motion which are to enlarge the time to perfect the appeal from the decision dated July 21, 2010, and to consolidate the appeals are denied as academic.

RIVERA, J.P., DICKERSON, HALL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court