Matter of Golub, deceased
Motion No: 2013-01013
Slip Opinion No: 2014 NY Slip Op 81547(U)
Decided on August 22, 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

M178727

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 reinstate appeals from two orders of the Surrogate's Court, Richmond County, dated September 4, 2012, and November 21, 2012, respectively, which were dismissed by decision and order on motion of this Court dated May 7, 2014, to enlarge the time to perfect an appeal from a judgment of the same court dated January 9, 2013, and, in effect, for leave to reargue so much of his prior motion which was to reinstate an appeal from a notice of eviction dated March 7, 2013, which was dismissed by the decision and order on motion of this Court dated October 23, 2013.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the appeal from the judgment (Appellate

Division Docket No. 2013-09415), is 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.

DILLON, J.P., LOTT, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court