Appellate Division: Second Judicial Department

M211097

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2015-01011 In the Matter of John L. Phillips, Jr., deceased. Samuel Boykin, petitioner-appellant; Public Administrator of Kings County, respondent- respondent; 750 Nostrand Avenue Corp., nonparty-appellant (and another title). (File No. 2090/08)

DECISION & ORDER ON MOTION

Motion by the appellant 750 Nostrand Avenue Corp. to enlarge the time to perfect its appeal from a decree of the Surrogate's Court, Kings County, dated January 21, 2015, and for leave to perfect its appeal on the original record.

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 on the Court's own motion, the appeal taken by Samuel Boykin is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal taken by 750 Nostrand Avenue Corp. is granted, the time to perfect that appeal is enlarged until June 7, 2016, and the record or appendix and the brief of 750 Nostrand Avenue Corp. must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., AUSTIN, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court