| Matter of DiGiorgi, deceased |
| Motion No: 2011-02903 |
| Slip Opinion No: 2011 NY Slip Op 87609(U) |
| Decided on October 24, 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
M127682
E/ct
MARK C. DILLON, J.P.
ANITA R. FLORIO
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2011-02903 In the Matter of Giovanni J. DiGiorgi, deceased. Salvatore DiGiorgi, appellant; Josephine Canizzaro, etc., respondent. (File No. 2922/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this Court from an order of the Surrogate's Court, Kings County, dated January 10, 2011, to stay all proceedings in the above-entitled matter as well as the sale of the subject premises, pending hearing and determination of the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the order is appealable as of right (see CPLR 5701[a][2]); and it is further,
ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled matter as well as the sale of the subject premises is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal is enlarged until December 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.
DILLON, J.P., FLORIO, LOTT and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court