Appellate Division: Second Judicial Department

M137987

T/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2009-07944 In the Matter of Irene B. Marsh, deceased. Bank of New York, petitioner-appellant- respondent; Los Angeles County Public Administrator, as limited administrator of the estate of Adrienne Marsh Lefkowitz, respondent-appellant; McCarthy Fingar LLP, nonparty-appellant-respondent. (File No. 1606/90)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant-respondent and the petitioner-appellant-respondent, in effect, to enlarge the time to perfect an appeal and cross appeal from a decree of the Surrogate's Court, Westchester County, dated June 5, 2009.

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

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

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until July 16, 2012, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

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

ENTER:

Aprilanne Agostino

Clerk of the Court