Appellate Division: Second Judicial Department

M215748

T/afa/ct

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2015-09488, 2015-11775, 2016-00693 In the Matter of Oleg Cassini, deceased. Marianne Nestor Cassini, petitioner-appellant- respondent; Peggy Nestor, respondent- respondent-appellant; John J. Barnosky, etc., et al., objectants-respondents. (Appeal No. 1) In the Matter of Oleg Cassini, deceased. Marianne Nestor Cassini, petitioner-appellant- respondent; Peggy Nestor, respondent- respondent-appellant; John J. Barnosky, etc., et al., objectants-respondents-appellants. (Appeal No. 2) In the Matter of Oleg Cassini, deceased. Jeffrey DeLuca, etc., appellant; Marianne Nestor Cassini, respondent. (Appeal No. 3) (File No. 343100)

DECISION & ORDER ON MOTION

Motion by Reppert Kelly, LLC, the attorney for Marianne Nestor Cassini, the petitioner-appellant-respondent in Appeals No. 1 and 2 and the respondent in Appeal No. 3, for leave to withdraw as counsel on appeals and cross appeals from two orders of the Surrogate's Court, Nassau County, dated August 3, 2015, and November 5, 2015, respectively, and an appeal from an order of the same court dated November 24, 2015, to stay all proceedings for 30 days, and, in effect, to enlarge the time of Marianne Nestor Cassini to perfect her appeals from the orders dated August 3, 2015, and November 5, 2015, respectively.

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

ORDERED that the motion is granted; and it is further,

ORDERED that on or before August 18, 2016, Reppert Kelly, LLC, shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,

ORDERED that no further proceedings shall be taken against Marianne Nestor Cassini until the expiration of 30 days after service upon her of a copy of this decision and order on motion; and it is further,

ORDERED that the time of Marianne Nestor Cassini to perfect her appeals from the orders dated August 3, 2015, and November 5, 2015, respectively, is enlarged until October 3, 2016, and the joint record or appendix on those appeals (see 22 NYCRR 670.8[c][1]) and the brief of Marianne Nestor Cassini must be served and filed on or before that date; and it is further,

ORDERED that the respondent-respondent-appellant and the objectants-respondents on the appeal and cross appeal from the order dated August 3, 2015, and the respondent-respondent-appellant and the objectants-respondents-appellants on the appeal and cross appeal from the order dated November 5, 2015, shall serve and file their respective answering briefs, including their points of argument on the cross appeals, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that on the Court's own motion, the time of Jeffrey DeLuca to perfect the appeal from the order dated November 24, 2015, is enlarged until October 3, 2016, and the record or appendix on that appeal and the brief of Jeffrey DeLuca must be served and filed on or before that date.

LEVENTHAL, J.P., HINDS-RADIX, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court