| Matter of Williams, deceased |
| Motion No: 2010-11223 |
| Slip Opinion No: 2011 NY Slip Op 79667(U) |
| Decided on August 1, 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
M119407
E/sl/ct
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
ANITA R. FLORIO
LEONARD B. AUSTIN, JJ.
|
2010-11223 In the Matter of Johnnie M. Williams, also known as Johnnie Mae Williams, also known as Johnnie Mae Harrell Williams, also known as Johnnie H. Williams, also known as Johnnie Harrell Williams, deceased. Charles E. Williams, respondent; Bennie E. Hayes, Sr., also known as Bennie Eugene Hayes, etc., appellant. (File No. 1652/08)
| DECISION & ORDER ON MOTION |
Application by Bennie E. Hayes, Sr., also known as Bennie Eugene Hayes, executor of the estate of Alice Harrell Jackson, to be substituted for the deceased appellant, Alice Harrell Jackson, on an appeal from an order of the Surrogate's Court, Suffolk County, dated September 23, 2010. Motion by the appellant for an order directing that the appeal from the order shall raise certain issues. Separate application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order.
Upon the papers filed in support of the motion and the applications, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation to the applications, it is
ORDERED that the application for substitution is granted, and Bennie E. Hayes, Sr., also known as Bennie Eugene Hayes, executor of the estate of Alice Harrell Jackson, is substituted for the deceased appellant, Alice Harrell Jackson; and it is further,
ORDERED that on the Court's own motion, the notice of appeal from the order is deemed to be a notice of appeal from a decree of the Surrogate's Court, Suffolk County, dated October 26, 2010 (see CPLR 5512[a]); and it is further,
ORDERED that the application for an enlargement of time is granted, the appellant's time to perfect the appeal from the decree is enlarged until September 5, 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 the motion is denied as academic.
RIVERA, J.P., SKELOS, FLORIO and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court