| Matter of Golub, deceased |
| Motion No: 2013-01013 |
| Slip Opinion No: 2014 NY Slip Op 71422(U) |
| Decided on May 7, 2014 |
| 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. |
Appellate Division: Second Judicial Department
M173776
E/sl
MARK C. DILLON, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX, JJ.
|
2013-01013, 2013-01014, 2013-09415, 2013-09416 In the Matter of Sylvia Golub, deceased. Norman Golub, respondent; J. David Golub, appellant. (Matter No. 1) Norman Golub, respondent, v Jerry David Golub, appellant. (Matter No. 2) (File No. 2009-505/A/B)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enlarge the time to perfect appeals from two orders of the Surrogate's Court, Richmond County, dated September 4, 2012, and November 21, 2012, respectively, and a judgment of the same court dated January 9, 2013, to reinstate an appeal from a notice of eviction dated March 7, 2013, which was dismissed by decision and order on motion of this Court dated October 23, 2013, and to consolidate the appeals.
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 enlarge the time to perfect the appeals from the orders dated September 4, 2012, and November 21, 2012, is denied; and it is further,
ORDERED that on the Court's own motion, the appeals from the orders dated September 4, 2012, and November 21, 2012 (Appellate Division Docket Nos. 2013-01013, 2013-01014), are 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 the branch of the motion which is to enlarge the time to perfect the appeal from the judgment dated January 9, 2013 (Appellate Division Docket No. 2013-09415), is granted, the time to perfect that appeal is enlarged until June 27, 2014, and the record or appendix and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., LOTT, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court