| Matter of Max, deceased |
| Motion No: 2017-05680 |
| Slip Opinion No: 2017 NY Slip Op 94544(U) |
| Decided on December 7, 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. |
Appellate Division: Second Judicial Department
M242095
Z/sl
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2017-05680 In the Matter of Kalman Max, deceased. Jonathan Max, petitioner-appellant; J. Philip Max, respondent-respondent. (File No. 345070)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) for a 120-day enlargement of time to perfect an appeal from a decision of the Surrogate's Court, Nassau County, dated February 7, 2017.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the application is denied as academic.
ENTER:
Aprilanne Agostino
Clerk of the Court