Patricia Wolff Schaen and Estate of v Helen A. Brandes et al.

Motion No: M-5358

Slip Opinion No: 2017 NYSlipOp 92226(U)

Decided on November 16, 2017

Appellate Division, First 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.

November 16, 2017

Patricia Wolff Schaen and Estate of

Ernst Wolff,

Petitioners-Appellants,

-and-

Elizabeth Murov, Petitioner, -and-

Estate of Edna Brandes,

Respondent-Appellant,

v

Helen A. Brandes, et al.,

Respondents-Respondents,

-and-

480 Park Avenue Corp.,

Respondent-Stakeholder-Respondent.

Estate of Edna Brandes, Cross-Petitioner-Appellant, v

Helen A. Brandes and Estate of

Bernard E. Brandes, Cross-Respondents-Respondents.

---------------------------------------X Respondents having moved for dismissal of the appeal taken from an order of the Supreme Court, New York County, entered on or about May 25, 2017 (M-4841), And appellants having cross-moved for a enlargement of time to perfect the aforesaid appeal, and to disqualify Stroock & Stroock & Lavan from representing respondent (M-5358),Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion to dismiss the appeal is granted unless the appeal is perfected for the March 2018 Term (M-4841). The cross motion is granted to the extent of enlarging the time to perfect the appeal to the March 2018 Term and otherwise denied, without prejudice to raising substantive arguments on direct appeal (M-5358).ENTERED: November 16, 2017

_____________________ CLERK

PRESENT: Hon. Peter Tom, Justice Presiding, Dianne T. Renwick Angela M. Mazzarelli Jeffrey K. Oing Anil C. Singh, Justices

M-5358

M-4841

Index No. 450762/16