| Matter of Moore, deceased |
| Motion No: 2017-03720 |
| Slip Opinion No: 2018 NY Slip Op 91756(U) |
| Decided on December 26, 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
M258614
E/sl
ALAN D. SCHEINKMAN, P.J.
RUTH C. BALKIN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
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2017-03720 In the Matter of Frank Moore, Jr., deceased. Eileen Kyne, petitioner-respondent; Michele Moore, objectant-appellant; Frank Moore III, respondent-respondent. (File No. 754/90)
| DECISION & ORDER ON MOTION |
Motion by the respondent-respondent to dismiss an appeal from an order of the Surrogate's Court, Suffolk County, dated January 31, 2017, on the ground that the right of direct appeal therefrom terminated upon entry of a decree of the same court in the above-entitled matter dated July 17, 2018. Separate motion by the objectant-appellant, inter alia, to omit certain documents from the supplemental record directed to be filed by a decision and order on motion of this Court dated August 30, 2018, and, in effect, to extend the time serve and file the supplemental record.
Upon the papers filed in support of the respondent-respondent's motion and the papers filed in opposition thereto, and upon the papers filed in support of the objectant-appellant's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the respondent-respondent's motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the objectant-appellant's motion which is, in effect, to extend the time serve and file the supplemental record as directed by the decision and order on motion of this Court dated August 30, 2018, is granted, and on or before January 16, 2019, the objectant-appellant shall serve and file a supplemental record which includes all of the papers considered by the Surrogate's Court, Suffolk County, in determining the motion that resulted in the order dated January 31, 2017, except for the papers which are already included in the record filed May 14, 2018; and it is further,
ORDERED that the objectant-appellant's motion is otherwise denied.
SCHEINKMAN, P.J., BALKIN, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court