Appellate Division: Second Judicial Department

M234955

E/ct

JOHN M. LEVENTHAL, J.P.

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2016-10950 In the Matter of Christine E. Christie, deceased. John Scott Christie, objectant-appellant; Pamela C. Kart, petitioner-respondent. (File No. 950/15)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent to dismiss an appeal from a decision of the Surrogate's Court, Suffolk County, dated September 12, 2016, on the ground that no appeal lies from a decision, or, in the alternative, to enlarge the time to serve and file a brief. Cross motion by the objectant-appellant to deem the notice of appeal from the decision to be a premature notice of appeal from a decree of the same court dated September 30, 2016.

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

ORDERED that the cross motion is granted, and on or before August 9, 2017, the objectant-appellant shall serve and file a supplemental record containing the decree dated September 30, 2016; and it is further,

ORDERED that the branch of the motion which is to enlarge the petitioner-respondent's time to serve and file a brief is granted, the petitioner-respondent's time to serve and file a brief is enlarged until September 8, 2017, and the petitioner-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

LEVENTHAL, J.P., LASALLE, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court