Matter of Goldstein, deceased
Motion No: 2013-10959
Slip Opinion No: 2014 NY Slip Op 75948(U)
Decided on June 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M176164

T/sl

THOMAS A. DICKERSON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2013-10959, 2014-04024

In the Matter of Milton J. Goldstein, deceased.

Jan Goldstein, petitioner-respondent;

Lisa L. Goldstein, respondent-appellant.

(File No. 481/10)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent to dismiss appeals from two orders of the Surrogate's Court, Rockland County, both dated September 16, 2013, on the ground that the record served and filed by the respondent-appellant is incomplete, or, in the alternative, 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 appeals is denied, without prejudice to the petitioner-respondent making a motion to enlarge the record, if she be so advised; 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 petitioner-respondent's time to serve and file a brief is enlarged until July 21, 2014, and the petitioner-respondent's brief must be served and filed on or before that date.

DICKERSON, J.P., LEVENTHAL, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court