Appellate Division: Second Judicial Department

M134300

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2011-06066 In the Matter of Louis G. (Anonymous). Frank Russo, petitioner-appellant; Lois M. Rosenblatt, objectant-respondent; Fidelity & Deposit Company of Maryland, respondent- appellant. (Index No. 2283/91)

DECISION & ORDER ON MOTION

Motion by the objectant-respondent to dismiss appeals from an order of the Supreme Court, Queens County, dated May 16, 2011, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment in the above-entitled action on February 9, 2012, or 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 held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof on condition that on or before March 28, 2011 the petitioner and Fidelity & Deposit Company of Maryland file notices of appeal from the judgment and perfect the appeals from the judgment on or before May 29, 2012; and it is further,

ORDERED that the branch of the motion which is to enlarge the objectant-respondent's time to serve and file a brief on the appeal from the order is granted, the objectant-respondent's time to serve and file a brief is enlarged until April 5, 2012, and the objectant-respondent's brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court