Appellate Division: Second Judicial Department

M190647

E/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

BETSY BARROS, JJ.

2013-10869, 2014-03411, 2015-01165, 2015-02524 In the Matter of Sal Epstein, also known as Solomon Epstein, deceased. Anita Taormina, appellant; Elena Eckhouse, respondent. (File No. 1881/08)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - December 2014 Calendar," dated January 5, 2015, as dismissed an appeal from an order of the Surrogate's Court, Suffolk County, dated December 13, 2013, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate that appeal, and to enlarge the time to perfect that appeal as well as an appeal from an order of the same court dated August 6, 2013. Separate motion by the respondent to dismiss an appeal from an order of the same court dated December 19, 2014, under Appellate Division Docket No. 2015-01165 on the ground that no appeal lies from an order denying reargument. Separate appeal by Anita Taormina from an order of the same court also dated December 19, 2014, under Appellate Division Docket No. 2015-02524.

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

ORDERED that the branch of the appellant's motion which is to recall and vacate so much of the decision and order on motion of this Court dated January 5, 2015, as dismissed the appeal from the order dated December 13, 2013, to reinstate that appeal, and to enlarge the time to perfect that appeal is granted to the extent that so much of the decision and order on motion of this Court dated January 5, 2015, as dismissed the appeal from the order dated December 13, 2013, is recalled and vacated, that appeal is reinstated, and the time to perfect that appeal is enlarged until May 15, 2015; and it is further,

ORDERED that the branch of the appellant's motion which is to enlarge the time to perfect the appeal from the order dated August 6, 2013, is granted, and the time to perfect that appeal is enlarged until May 15, 2015; and it is further,

ORDERED that no further enlargement of time shall be granted with respect to the appeals from the orders dated August 6, 2013, and December 13, 2013; and it is further,

ORDERED that on the Court's own motion, the appellant shall perfect the appeals

from the orders dated December 19, 2014, on or before May 15, 2015; and it is further,

ORDERED that the respondent's motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

RIVERA, J.P., DICKERSON, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court