| Wilds v Heckstall |
| Motion No: 2010-11789 |
| Slip Opinion No: 2011 NY Slip Op 91468(U) |
| Decided on December 5, 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
M129672
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
|
2010-11789 Rovina Wilds, appellant, v Mary Jane Heckstall, et al., respondents.
(File No. 3961/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to enlarge the record on an appeal from a decree of the Surrogate's Court, Kings County, dated March 9, 2011, to include certain documents. Cross motion by Bank of New York Mellon to be substituted as a defendant for the respondent JP Morgan Chase.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion the notice of appeal from a decision of the same court dated November 10, 2010, is deemed to be a premature notice of appeal from the decree dated March 9, 2011 (see CPLR 5520[c]); and it is further,
ORDERED that the motion is denied; and it si further,
ORDERED that the cross motion is granted, and the caption is amended accordingly.
SKELOS, J.P., LEVENTHAL, BELEN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court