Appellate Division: Second Judicial Department

M149496

P/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-07966, 2012-07967 In the Matter of Dianne Edwards, deceased. Donna DiRusso, appellant; Gail O'Connell, et al., respondents. (File No. 267P2009/B)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Surrogate's Court, Suffolk County, entered June 20, 2012, and a decree of the same court entered June 22, 2012.

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

ORDERED that on the Court's own motion, the appeal from the decision (Appellate Division Docket No. 2012-07967) is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the branch of the application which is for an enlargement of time to perfect the appeal from the decision is denied as academic; and it is further,

ORDERED that the branch of the application which is for an enlargement of time to perfect the appeal from the decree is granted, and the appellant's time to perfect that appeal is enlarged until March 8, 2013, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court