Matter of Marini, deceased
Motion No: 2011-11971
Slip Opinion No: 2012 NY Slip Op 94037(U)
Decided on December 18, 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

M148198

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-11971

In the Matter of Lionello Marini, deceased.

Leon Marini, petitioner-respondent;

Guy G. Giulano, et al., appellants, et al.,

respondents.

(Matter No. 1)

In the Matter of Melita Marini, deceased.

Leon Marini, petitioner-respondent;

Guy G. Giulano, et al., appellants, et al.,

respondents.

(Matter No. 2)

(File Nos. 250/09, 1099/09)

DECISION & ORDER ON MOTION

Motion by the appellant Guy G. Giulano to enlarge the time to serve and file a brief on appeals from an order of the Surrogate's Court, Richmond County, dated September 21, 2011.

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 denied; and it is further,

ORDERED that on the Court's own motion, the appeal by the appellant Guy G. Giulano is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court; and it is further,

ORDERED that on the Court's own motion, the petitioner-respondent's time to serve and file a brief is enlarged until January 17, 2013, and the petitioner-respondent's brief must be served and filed on or before that date.

DILLON, J.P., BALKIN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court