Matter of Eshaghian, deceased
Motion No: 2015-06746
Slip Opinion No: 2016 NY Slip Op 66971(U)
Decided on March 10, 2016
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M207783

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX, JJ.

2015-06746

In the Matter of Eshaghian, deceased.

David Eshaghian, petitioner-respondent;

Mahrokh Eshaghian, et al., respondents-appellants.

(File No. 1916/03)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent on an appeal from a decree of the Surrogate's Court, Queens County, dated April 20, 2015, in effect, for leave to serve and file a supplemental record containing certain documents. Application by the petitioner-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. Application by the respondents-appellants for leave to file an oversized reply brief.

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

ORDERED that the motion is granted, and on or before April 11, 2016, the petitioner-respondent shall serve and file the supplemental record containing (1) the petitioner-respondent's notice of issue and certificate of readiness dated April 29, 2014, (2) the respondents-appellants' counter notice of issue and certificate of readiness dated May 8, 2014, (3) the respondents-appellants' notice of motion to vacate the respondents-appellants' counter notice of issue and certificate of readiness dated May 8, 2014, and an order of the Surrogate's Court, Queens County, dated May 16, 2014, determining that motion; and it is further,

ORDERED that the petitioner-respondent's application is granted, the petitioner-respondent's time to serve and file a brief is enlarged until April 11, 2016, and the petitioner-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants' application is denied without prejudice to making an application pursuant to 22 NYCRR 670.10.3(e).

ENG, P.J., RIVERA, HALL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court