Appellate Division: Second Judicial Department

M250936

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2012-08916 Michael Naughton, etc., et al., appellants, v Duval H. Naughton, Jr., et al., respondents. (Index No. 35280/07)

DECISION & ORDER ON MOTION

Renewed motion by the respondent Duval H. Naughton, Jr., to dismiss an appeal from an interlocutory judgment of the Supreme Court, Kings County, dated July 25, 2012, and to remove Rachel Eva St. Clair Woodall, who was substituted in her capacity as ancillary administrator of the estate of Lyn F. Peachy, also known as Lyn Fannie Peachey, for the deceased appellant Lynn F. Naughton by decision and order on motion of this Court dated October 20, 2017. Separate motion by the respondent Duval H. Naughton, Jr., for leave to reargue his prior cross motion to dismiss the appeal and the appellants' prior application, inter alia, in effect, to substitute Rachel Eva St. Clair Woodall, as ancillary administrator of the estate of Lyn F. Peachy, also known as Lyn Fannie Peachey, for the deceased appellant Lynn F. Naughton, which were determined by decision and order on motion of this Court dated October 20, 2017.

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to remove Rachel Eva St. Clair Woodall, who was substituted in her capacity as ancillary administrator of the estate of Lyn F. Peachy, also known as Lyn Fannie Peachey, for the deceased appellant Lynn F. Naughton, is denied without prejudice to renew upon proper papers, including an order of the Surrogate's Court disqualifying Rachel Eva St. Clair Woodall as ancillary administrator, or revoking or suspending her ancillary letters of administration; and it is further,

ORDERED that the motion for leave to reargue is denied; and it is further,

ORDERED that on the Court's own motion, the appellants' time to serve and file a supplemental record containing the settled transcript of proceedings which occurred on March 23, 2010, March 25, 2010, and April 15, 2010, the exhibits admitted into evidence during those proceedings, and the material listed in paragraphs 24 and 25 of the affirmation of Ian Anderson dated September 16, 2013, filed in support of the motion that was determined by the decision and order on motion of this Court dated December 5, 2013, is extended until June 19, 2018; and it is further,

ORDERED that no further extension of the time to serve and file the supplemental record shall be granted.

RIVERA, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court