In the Matter of the Application of the Executor of the Will of

Motion No: M-5174

Slip Opinion No: 2017 NYSlipOp 63006(U)

Decided on January 24, 2017

Appellate Division, First 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.

January 24, 2017

In the Matter of the Application

of the Executor of the Will of,

Steven V. Jakuboski,

Deceased, File No. 3542/14

For an Order Granting Possession

of Property Withheld from the Estate.

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John Jakuboski, Sr., and John

Jakuboski, Jr.,

Respondents-Appellants.

Respondents-appellants having moved for an enlargement

of time to perfect their appeal taken from an order of the Surrogate's Court, New York County, entered on or about

December 28, 2015, And, an order of this Court entered February 18, 2016

(M-145) having granted a stay of eviction proceedings pending determination of the appeal under certain terms and conditions detailed in said order, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of enlarging the time to perfect the appeal to the May 2017 Term. The aforesaid stay granted by order of this Court on February 18, 2016 (M-145) is continued on the same terms and

conditions and on the further condition that the appeal be perfected for said May 2017 Term.ENTERED: January 24, 2017

_____________________ CLERK

Present: Hon. Rolando T. Acosta,Justice Presiding, Dianne T. Renwick Karla Moskowitz Paul G. Feinman Marcy L. Kahn, Justices

M-5174