| Matter of Oteri, deceased |
| Motion No: 2014-02108 |
| Slip Opinion No: 2014 NY Slip Op 82383(U) |
| Decided on September 2, 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
M179036
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
BETSY BARROS, JJ.
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2014-02108, 2014-02109, 2014-02110 In the Matter of Mildred Theresa Oteri, deceased. Donna Ferguson, petitioner-respondent, et al., petitioner; Steven M. Oteri, respondent-appellant. (File No. 3254/09)
| DECISION & ORDER ON MOTION |
Motion by the nonparty Diane Oteri-Harkins on appeals from a decree of the Surrogate's Court, Queens County, dated January 10, 2014, and two orders of the same court both also dated January 10, 2014, inter alia, to disqualify Shawn R. O'Connor, attorney for petitioner-respondent. Separate motion by the respondent-appellant, inter alia, to disqualify Shawn R. O'Connor, attorney for petitioner-respondent. Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion by Diane Oteri-Harkins and the papers filed in opposition thereto, upon the papers filed in support of the motion by the respondent-appellant and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion by Diane Oteri-Harkins is dismissed as she is not a party to the appeals; and it is further,
ORDERED that Diane Oteri-Harkins shall make no further motions in this Court in connection with the above-entitled appeals, without prior leave of this Court; and it is further,
ORDERED that the motion by respondent-appellant is denied; and it is further,
ORDERED that the application is granted, the respondent-appellant's time to perfect the appeals is enlarged until October 27, 2014, and the record or appendix on the appeals and the respondent-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.
BALKIN, J.P., LEVENTHAL, SGROI and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court