Matter of Seaman, deceased
Motion No: 2011-05018
Slip Opinion No: 2012 NY Slip Op 94490(U)
Decided on December 21, 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

M148577

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2011-05018

In the Matter of Henry Bogart Seaman, deceased.

Bank of America, petitioner; Coalition of Landlords,

Homeowners & Merchants, Inc., appellant; Farrell

Fritz, P.C., et al., respondents.

(File No. 348202)

DECISION & ORDER ON MOTION

Motion by Farrell Fritz, P.C., to dismiss an appeal from an order of the Surrogate's Court, Nassau County, dated March 30, 2011, on the ground that it has been rendered academic, or to enlarge the 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 branch of the motion which is to dismiss the appeal 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 branch of the motion which is to enlarge the time to serve and file a brief is granted, the time of Farrell Fritz, P.C., to serve and file a brief is enlarged until January 22, 2013, and the brief of Farrell Fritz, P.C., must be served and filed on or before that date.

RIVERA, J.P., LEVENTHAL, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court