Matter of Fishman, deceased
Motion No: 2016-10434
Slip Opinion No: 2017 NY Slip Op 80463(U)
Decided on July 20, 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

M234702

E/afa

RUTH C. BALKIN, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY, JJ.

2016-10434, 2017-06434

In the Matter of Margaret Fishman, deceased.

Eva Deutsch, etc., petitioner-respondent;

Gel Spice Co., et al., respondents-appellants.

(File No. 864/05)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants to enlarge the time to perfect an appeal from a decree of the Surrogate's Court, Kings County, dated June 10, 2016, and to consolidate that appeal with an appeal from an order of the same court dated April 25, 2017.

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 perfect the appeal from the decree dated June 10, 2016, is granted, the respondents-appellants' time to perfect the appeal is enlarged until September 18, 2017, and the record or appendix on that appeal and the respondents-appellants' brief shall be served and filed on or before that date; 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]).

BALKIN, J.P., MILLER, MALTESE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court