Appellate Division: Second Judicial Department

M147296

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2012-07608 In the Matter of Pearl Boatwright, deceased. Stanley Boatwright, respondent-appellant; Janice Clark, appellant-respondent. (File No. 273/99)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and cross appeal from a decree of the Surrogate's Court, Kings County, dated March 7, 2012, to dismiss the cross appeal as untimely taken. Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

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 no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the application is granted, the appellant-respondent's time to perfect the appeal is enlarged until December 28, 2012, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's 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]).

RIVERA, J.P., DILLON, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court