Matter of Schwarzenberger, deceased
Motion No: 2010-06748
Slip Opinion No: 2012 NY Slip Op 66203(U)
Decided on March 2, 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

M134229

T/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2010-06748, 2010-06749

In the Matter of Ira Schwarzenberger, deceased.

Helene Schwarzenberger, appellant; Marsha

Matthews, etc., et al., respondents.

(File No. 6027/91)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the time to serve and file a reply brief on appeals from two orders of the Surrogate's Court, Kings County, dated November 28, 2007, and March 30, 2010, respectively, and to strike the brief of the respondent Marsha Matthews on the ground that it improperly raises issues for the first time on appeal.

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 serve and file a reply brief is granted, and the appellant's time to serve and file her reply brief is enlarged until May 30, 2012, and the reply brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., CHAMBERS, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court