Appellate Division: Second Judicial Department

M188108

E/ct

SHERI S. ROMAN, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

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

DECISION & ORDER ON MOTION

Motion by the petitioner-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, including waiver of the filing fee and leave to prosecute the appeal on the original papers.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the petitioner-appellant's time to perfect the appeal is enlarged until April 13, 2015, and the record or appendix on the appeal and the petitioner-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; 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.

ROMAN, J.P., COHEN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court