| Matter of Rezzolla, deceased |
| Motion No: 2016-05258 |
| Slip Opinion No: 2016 NY Slip Op 90694(U) |
| Decided on November 4, 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. |
Appellate Division: Second Judicial Department
M220806
S/afa
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2016-05258, 2016-05262 In the Matter of Oscar Rezzolla, deceased. Lois Rosenblatt, etc., petitioner-respondent; John P. Reinhardt, et al., respondents-appellants. (File No. 3649/13)
| DECISION & ORDER ON MOTION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Surrogate's Court, Queens County, dated March 29, 2016, and a decision of the same court also dated March 29, 2016.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from the decision under Appellate Division Docket No. 2016-05262, is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order is granted, the appellant's time to perfect that appeal is enlarged until December 5, 2016, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the application is otherwise denied as academic.
ENG, P.J., RIVERA, DILLON, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court