Matter of Fine, deceased
Motion No: 2016-03213
Slip Opinion No: 2017 NY Slip Op 65847(U)
Decided on March 2, 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

M226943

E/ct

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

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)

DECISION & ORDER ON MOTION

Motion by the petitioner-appellant-respondent to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Nassau County, dated September 10, 2015.

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

ORDERED that the motion is granted, the petitioner-appellant-respondent's time to perfect the appeal is enlarged until April 3, 2017, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the petitioner-appellant-respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the objectants-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]).

LEVENTHAL, J.P., SGROI, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court