Appellate Division: Second Judicial Department

M260001

E/afa

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2002-09511 In the Matter of Arthur W. Lee, deceased. Arthur W. Lee III, petitioner-appellant; Virginia Russell, objectant-respondent. (File No. 1512/94)

DECISION & ORDER ON MOTION

Motion to extend the time to perfect an appeal from an order of the Surrogate's Court, Suffolk County, dated September 11, 2002. By order to show cause dated January 2, 2019, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal pursuant to CPLR 1021 for failure to substitute a personal representative for Arthur W. Lee III, or, if Arthur W. Lee IV has been substituted as the personal representative for Arthur W. Lee III, on the ground that the appeal has been abandoned, and the motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion to extend the time to perfect the appeal and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal pursuant to CPLR 1021 for failure to substitute a personal representative for Arthur W. Lee III is granted, and the motion to dismiss is otherwise denied as academic; and it is further,

ORDERED that the motion to extend the time to perfect the appeal is dismissed in light of the foregoing.

RIVERA, J.P., COHEN, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court