Appellate Division: Second Judicial Department

M217764

S/afa

2016-03213 In the Matter of Bertha Y. Fine, deceased. Robert Roth, petitioner-appellant-respondent; David Dacks, et al., objectants-respondents- appellants. (File No. 368295/12)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) for a 90-day enlargement of time to perfect an appeal from an order of the Surrogate's Court, Nassau County, dated September 10, 2015, and cross application by the respondents-appellants for the same relief.

Upon the papers filed in support of the application and the cross application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application and cross application are granted to the extent that the appellant-respondent's time to perfect the appeal is enlarged until November 7, 2016, the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date, and the application and cross application are otherwise denied; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

ENTER:

Aprilanne Agostino

Clerk of the Court