In the Matter of the Estate of Marianne C. Braasch Deceased. v Hans Heinrich as Executor of the Estate of Marianne C. Braasch Deceased and as Trustee of the Trust Created by Marianne C. Braasch U/a 4/11/2005 as Amended 10/14/2008 ; Melissa Hum et

Motion No: 520502

Slip Opinion No: 2015 NY Slip Op 86290(U)

Decided on September 25, 2015

Appellate Division, Third 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.

Decided and Entered: September 25, 2015520502

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In the Matter of the Estate of MARIANNE C. BRAASCH, Deceased.                      
                                                       
           v                      DECISION AND ORDER
                      ON MOTION
HANS HEINRICH, as Executor of the Estate of MARIANNE C. BRAASCH, Deceased, and as Trustee of the Trust Created by MARIANNE C. BRAASCH, U/A 4/11/2005, as Amended 10/14/2008,

Appellant;
MELISSA HUM et al.,

Respondents.
                                                       
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Motion, pursuant to CPLR 5520 (c), to deem notice of appeal taken from order of Surrogate's Court dated September 23, 2014 to be valid notice of appeal taken from judgment of Surrogate's Court dated February 3, 2015, for extension of time to perfect appeal and, pursuant to 22 NYCRR 800.5 (a) (6), to dispense with reproduction of exhibits.

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

ORDERED that the motion to deem the notice of appeal taken from the order of Surrogate's Court to be a valid notice of appeal from the judgment of Surrogate's Court is granted, without costs, and it is further

ORDERED that the motion for an extension of time to perfect the appeal is granted, without costs, and the time to perfect the appeal is extended to October 26, 2015, and it is further

ORDERED that the motion to dispense with the reproduction of exhibits is referred to Presiding Justice Peters, who makes the following decision: Motion denied, without costs.
Peters, P.J., Lahtinen, Garry and Rose, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court