Matter of Fitzgerald, deceased
Motion No: 2011-02004
Slip Opinion No: 2012 NY Slip Op 62554(U)
Decided on January 27, 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

M132323

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2011-02004

In the Matter of Claire Albertson Fitzgerald, deceased.

Gil Santamarina, respondent; Jeffrey A. Asher,

nonparty-appellant.

(File No. 1981-2950)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Westchester County, dated January 7, 2011.

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

ORDERED that the motion is granted, the nonparty-appellant's time to perfect the appeal is enlarged until March 27, 2012, and the record or appendix on the appeal and the nonparty- appellant's brief must be served and filed on or before that date.

DILLON, J.P., FLORIO, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court