Appellate Division: Second Judicial Department

M135996

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-09763, 2011-09778 In the Matter of Margaret A. McKeown, etc., deceased. George J. Lambert, etc., appellant; Mary McKeown Virga, etc., et al., respondents. (File No. 2239/03)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Surrogate's Court, Westchester County, dated July 8, 2011, and an amended decree of the same court dated July 8, 2011.

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

ORDERED that on the Court's own motion the appeal from the order (Appellate Division Docket No. 2011-09778) is dismissed, without costs or disbursements, as the appellant is not aggrieved by an order entered on his default (see CPLR 5511); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the amended decree is granted and the appellant's time to perfect that appeal is enlarged until May 21, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the application is otherwise denied as academic.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court