| Matter of VanZwienen, deceased |
| Motion No: 2018-05275 |
| Slip Opinion No: 2018 NY Slip Op 90631(U) |
| Decided on December 12, 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. |
Appellate Division: Second Judicial Department
M258163
E/afa
WILLIAM F. MASTRO, J.P.
JEFFREY A. COHEN
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ.
|
2018-05275, 2018-05276 In the Matter of William H. VanZwienen, deceased. Raymond E. VanZwienen, petitioner-respondent; Yan Ping Xu, respondent-appellant. (File No. 778/2017)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant on appeals from a decree of the Surrogate's Court, Suffolk County, dated November 30, 2017, and an order of the same court dated April 5, 2018, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the respondent-appellant's appendix, to extend the time to perfect the appeals, and to extend the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the respondent-appellant's appendix and to extend the time to perfect the appeals are granted; and it is further,
ORDERED that the appellant's time to perfect the appeals is extended until January 9, 2019, and the respondent-appellant's appendix and the respondent-appellant's brief shall be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is denied as premature.
MASTRO, J.P., COHEN, MALTESE and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court