| Matter of Moore, deceased |
| Motion No: 2018-11305 |
| Slip Opinion No: 2019 NY Slip Op 80490(U) |
| Decided on September 27, 2019 |
| 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
M266171
E/sl
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
COLLEEN D. DUFFY
LINDA CHRISTOPHER, JJ.
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2018-11305 In the Matter of Elizabeth N. Moore, etc., deceased. Michele Moore, petitioner-appellant; Frank Moore III, respondent-respondent. (File No. 340/07)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Surrogate's Court, Suffolk County, dated June 29, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect the appeal, and to waive certification of the petitioner-appellant's appendix pursuant to 22 NYCRR 1250.7(g). Cross motion by the respondent-respondent for leave to serve and file an appendix. Separate motion by the petitioner-appellant to enlarge the record to include certain material.
Upon the papers filed in support of the motion, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and the papers filed in opposition thereto, upon the papers filed in support of the cross motion and the papers filed in opposition thereto, and upon the papers filed in support of the motion to enlarge the record and the papers filed in opposition thereto, it is
ORDERED that the motion pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect the appeal, and to waive certification of the petitioner-appellant's appendix pursuant to 22 NYCRR 1250.7(g) is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, the petitioner-appellant's time to perfect the appeal is extended until October 28, 2019, and the petitioner-appellant's appendix and the petitioner-appellant's brief shall be served and filed on or before that date; and it is further,
ORDERED that no further extension of time shall be granted; and it is further,
ORDERED that the cross motion is denied as unnecessary (see CPLR 5528[b]; 22 NYCRR 1250.9[c][2]); and it is further,
ORDERED that the motion to enlarge the record is denied as unnecessary with respect to page 2 of the petitioner-appellant's affidavit dated February 20, 2018, as that document is properly part of the record, and is otherwise denied.
CHAMBERS, J.P., AUSTIN, DUFFY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court