Appellate Division: Second Judicial Department

M133065

E/sl

ANITA R. FLORIO, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2011-06800, 2011-06816, 2011-08924, 2011-11700 In the Matter of Carmelo Carbone, etc., deceased. Mike Carbone, appellant; Debra Betz, respondent. (File No. 2272/04)

DECISION & ORDER ON MOTION

Motion by the respondent to disqualify the appellant's attorney on appeals from two orders of the Surrogate's Court, Westchester County, both dated June 2, 2011, an order of the same court dated September 9, 2011, and a decree of the same court dated November 16, 2011, to compel the appellant's attorney to disclose the appellant's current location, and, in effect, 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 branches of the motion which are to disqualify the appellant's attorney and to compel the appellant's attorney to disclose the appellant's current location are denied without prejudice to seeking any appropriate relief in the Surrogate's Court, Westchester County; and it is further,

ORDERED that the branch of the motion which is, in effect, 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 March 12, 2012, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court