Matter of Tripp, deceased
Motion No: 2011-00313
Slip Opinion No: 2012 NY Slip Op 61360(U)
Decided on January 17, 2012
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

M131695

E/ct

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2011-00313

In the Matter of Clarence Tripp, deceased.

Norman Shaifer, etc., appellant; Kevin J.

Plunkett, etc., et al., respondents.

(File No. 318/03)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a decree of the Surrogate's Court, Rockland County, dated November 30, 2010, and to direct his former counsel to deliver his file to him.

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 to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until March 19, 2012, 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 branch of the motion which is to direct the appellant's former counsel to deliver his file to him is denied without prejudice to seeking relief in the Surrogate's Court, Rockland County.

BALKIN, J.P., LEVENTHAL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court