| Matter of Albert, deceased |
| Motion No: 2014-02210 |
| Slip Opinion No: 2014 NY Slip Op 78348(U) |
| Decided on July 18, 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
M177224
S/sl
|
2014-02210
In the Matter of Donald J. Albert, deceased. Peter Dunk, et al., petitioners-respondents; Sidney D. Wexler, respondent-appellant; Elizabeth A. Albert, objectant-appellant. (File No. 95907/07)
| ORDER ON APPLICATION |
Application by the respondent-appellant to withdraw an appeal from a decree of the Surrogate's Court, Dutchess County, dated December 12, 2013. Separate application by the objectant-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect her appeal from the decree.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application by the respondent-appellant to withdraw his appeal is granted and the appeal by the respondent-appellant is marked withdrawn; and it is further,
ORDERED that the application to enlarge time is granted, the objectant-appellant's time to perfect the appeal is enlarged until September 19, 2014, and the record or appendix on the appeal and the objectant-appellant's brief must be served and filed on or before that date.
ENTER:
Aprilanne Agostino
Clerk of the Court