Tolkoff as Administratrix of Estate of Tolkoff v Goldstein as Administ

Tolkoff as Administratrix of Estate of Tolkoff v Goldstein as Administ

Motion No: 2016-01246

Slip Opinion No: 2017 NY Slip Op 64299(U)

Decided on February 14, 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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M225670

E/ct

ROBERT J. MILLER, J.P.

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2016-01246, 2016-02533, 2016-04222,
2016-04223, 2016-04224, 2016-04230
Donna Tolkoff as administrator of the estate
of Jaymee Tolkoff, appellant, v Margaret M.
Goldstein, as administrator of the estate of
David Goldstein, et al., respondents.
(Index No. 11319/06)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated November 18, 2015, and five judgments of the same court entered January 15, 2016, February 18, 2016, February 23, 2016 (two judgments), and March 3, 2016, respectively, and to consolidate the appeals. Separate motion by the appellant to enlarge the time to perfect the appeal from the order dated November 18, 2015, and to vacate any dismissal of that appeal resulting from the failure to timely perfect. Separate motion by the appellant to enlarge the time to perfect the appeal from the judgment entered January 15, 2016.

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

ORDERED that the branches of the motions which are to enlarge the time to perfect the appeals and the separate motion to enlarge the time to perfect the appeal from the judgment entered January 15, 2016, are granted, and the appellant's time to perfect the appeals is enlarged until March 16, 2017; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is to vacate any dismissal of the appeal from the order dated November 18, 2015, resulting from the failure to timely perfect is denied as unnecessary as that appeal has not been dismissed.

MILLER, J.P., LASALLE, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court