| Matter of Hill, deceased |
| Motion No: 2011-05612 |
| Slip Opinion No: 2012 NY Slip Op 62557(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. |
Appellate Division: Second Judicial Department
M132203
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
|
2011-05612 In the Matter of Lillian Hill, deceased. Marcia Fitzsimmons, etc., respondent; Mortgage Electronic Registration Systems, Inc., appellant. (File No. 3420/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent, in effect, to dismiss an appeal from an order of the Surrogate's Court, Queens County, dated April 12, 2011, on the ground that the appellant lacks standing to prosecute the appeal, or, in the alternative, to enlarge the time to serve and file a brief.
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 dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until February 27, 2012, and the respondent's brief must be served and filed on or before that date.
SKELOS, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court