Schimoler v Newman, as executor of the estate of Kelber
Motion No: 2017-01304
Slip Opinion No: 2017 NY Slip Op 77456(U)
Decided on June 19, 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

M233161

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2017-01304

William F. Schimoler, et al., appellants,

v Phyllis Newman, as executor of the estate

of Harry Kelber, et al., respondents, et al.,

defendants.

(Action No. 1)

Phyllis Newman, as executor of the estate

of Harry Kelber, et al., respondents,

v William F. Schimoler, et al., appellants.

(Action No. 2)

(File Nos. 2269E/13, 2269D/13)

DECISION & ORDER ON MOTION

Motion by the respondents to enlarge the record on an appeal from an order of the Surrogate's Court, Kings County, dated December 22, 2016, to include certain documents and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until July 19, 2017, and the respondents' 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 motion is otherwise denied.

DILLON, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court