Matter of Carvel, deceased
Motion No: 2011-01191
Slip Opinion No: 2011 NY Slip Op 85363(U)
Decided on September 29, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M126705

J/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-01191, 2011-01193, 2011-01194

In the Matter of Agnes Carvel, deceased.

Leonard Ross, petitioner-respondent; Thomas

& Agnes Carvel Foundation, appellant; Betty

Godley, et al., respondents-respondents.

(File No. 2165/98)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on application dated September 26, 2011, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:

Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time of the respondents Guy Richard Greenhous and Leonard Ross to serve and file their respective briefs on appeals from an order of the Surrogate's Court, Westchester County, dated January 4, 2011, a decree of the same court dated January 18, 2011, and a decision of the same court dated June 30, 2010.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the time of the respondents Guy Richard Greehous and Leonard Ross to serve and file their respective briefs is enlarged until October 21, 2011, and the briefs of the respondents Guy Richard Greenhous and Leonard Ross 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