| Matter of Tripp, deceased |
| Motion No: 2011-00313 |
| Slip Opinion No: 2012 NY Slip Op 71160(U) |
| Decided on April 24, 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
M136713
E/ct
REINALDO E. RIVERA, J.P.
ARIEL E. BELEN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2011-00313 In the Matter of Clarence Tripp, deceased. Norman Shaifer, etc., appellant; Kevin J. Plunkett, etc., et al., respondents. (File No. 318/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a decree of the Surrogate's Court, Rockland County, dated November 30, 2010, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellants' appendix. Cross motion by the respondent Kevin J. Plunkett to dismiss the appeal on the grounds that no appeal lies from a decree entered upon the default of the appealing party, that the appellant's appendix is inadequate and contains matter dehors the record, and that the appellant improperly raises arguments for the first time on appeal. Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the the respondents' 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 motion is granted; and it is further,
ORDERED that the cross motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the application is granted, the respondents' time to serve and file a brief is enlarged until May 24, 2012, and the respondents' briefs, if any, must be served and filed on or before that date.
RIVERA, J.P., BELEN, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court