| Matter of Estabrook, deceased |
| Motion No: 2014-04853 |
| Slip Opinion No: 2015 NY Slip Op 65684(U) |
| Decided on March 4, 2015 |
| 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
M188404
T/sl
RANDALL T. ENG, P.J.
MARK C. DILLON
CHERYL E. CHAMBERS
BETSY BARROS, JJ.
|
2014-04853 In the Matter of Mary Abbott Estabrook, deceased. Carole A. Buchanan-Brown, petitioner-respondent; Wayne J. Pope, respondent-appellant, et al., responde (File No. 2009-455)
| DECISION & ORDER ON MOTION nt. |
Motion by the petitioner-respondent on an appeal from an order of the Surrogate's Court, Suffolk County, dated March 24, 2014, to recall and vacate an order on application of this Court dated January 13, 2015, which granted an application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal, and to dismiss the appeal for failure to timely perfect.
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 respondent-appellant's time to perfect the appeal is enlarged until April 6, 2015, and the record or appendix on the appeal and the respondent-appellant's brief must be served and filed on or before that date.
ENG, P.J., DILLON, CHAMBERS and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court