Fedele v Qualified Personal Residence Trust of Doris Rosen Margett dat
Motion No: 2018-02281
Slip Opinion No: 2018 NY Slip Op 83987(U)
Decided on September 20, 2018
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

M255498

E/sl

JOHN M. LEVENTHAL, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

BETSY BARROS, JJ.

2018-02281, 2018-07277

Lisa Buckley Fedele, etc., et al., appellants,

v Qualified Personal Residence Trust of

Doris Rosen Margett dated November 21,

2001, et al., respondents, et al., defendant.

(Index No. 602342/13)

DECISION & ORDER ON MOTION

Motion by Bernard Feigen, executor of the estate of Doris Rosen and successor trustee of the Qualified Personal Residence Trust of Doris Rosen dated November 14, 2001, for leave to intervene as a respondent on appeals from an order of the Supreme Court, Nassau County, entered January 11, 2018, and a judgment of the same court entered April 20, 2018, to enlarge the his time to serve and file a brief, and to enlarge the record to include certain documents. Application pursuant to 22 NYCRR 1250.9(g)(1) to enlarge the respondent North Shore Hospital Long Island Jewish Health System's time to serve and file a brief and to enlarge the appellants' time to serve and file a reply brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and 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 the motion is denied; and it is further,

ORDERED that the branch of the application which is to enlarge the respondent North Shore Hospital Long Island Jewish Health System's time to serve and file a brief is granted, the respondent North Shore Hospital Long Island Jewish Health System's time to serve and file a brief is enlarged until October 22, 2018, and the respondent North Shore Hospital Long Island Jewish Health System's brief shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the application which is to enlarge the appellants' time to serve and file a reply brief is denied as premature.

LEVENTHAL, J.P., AUSTIN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court