Appellate Division: Second Judicial Department

M183097

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2014-04106 In the Matter of Auriel Joel Cote, also known as Auriel Cote, deceased. Francois Cote, petitioner-appellant; Christian Cote, petitioner-objectant-respondent, Diana Lee, objectant-respondent. (File No. 180/12)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Putnam County, dated December 30, 2013, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix on appeal, for leave to file less than nine copies of his brief, and for poor person relief.

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 appeal is granted, the appellant's time to perfect the appeal is enlarged until January 5, 2015, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix on appeal is denied with leave to renew after the record or appendix is filed; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., ROMAN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court