Matter of Willnus, deceased
Motion No: 2011-03467
Slip Opinion No: 2012 NY Slip Op 73412(U)
Decided on May 16, 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

M137840

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-03467, 2011-07007

In the Matter of Marion Cartwright Willnus, deceased.

Lisa Kyle, et al., appellants; Thomas Maguire,

et al., respondents-respondents, et al., respondent.

(File No. 3667/09)

DECISION & ORDER ON MOTION

Motion by the appellants to strike the brief filed by Thomas Maguire and Steven Maguire on appeals from two orders of the Surrogate's Court, Kings County, dated March 1, 2011, and June 17, 2011, respectively, on the ground that it was not timely served. Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and the papers filed in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted and the reply brief shall be served and filed on or before May 31, 2012.

RIVERA, J.P., HALL, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court