| Matter of Sochurek, deceased |
| Motion No: 2016-08395 |
| Slip Opinion No: 2017 NY Slip Op 63689(U) |
| Decided on February 8, 2017 |
| 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
M225819
S/afa
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2016-08395, 2016-09833 In the Matter of Robert W. Sochurek, deceased. Anna Marie T. Sochurek, petitioner-respondent; Lynn Ammirato, et al., respondents-appellants. (File No. 487/14)
| DECISION & ORDER ON MOTION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Surrogate's Court, Dutchess County, dated June 30, 2016, and a decree of the same court dated August 11, 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 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 decree is granted, the appellant's time to perfect that appeal is enlarged until April 4, 2017, 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., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court