| Matter of Nania, deceased |
| Motion No: 2019-05947 |
| Slip Opinion No: 2020 NY Slip Op 67874(U) |
| Decided on June 26, 2020 |
| 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
M271533
E/sl
MARK C. DILLON, J.P.
SHERI S. ROMAN
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2019-05947 In the Matter of Antonio Nania, deceased. Antonina Nania, petitioner-respondent; Matteo Nania, objectant-appellant. (File No. 2764C/2013)
| DECISION & ORDER ON MOTION |
2019-11127
In the Matter of Antonio Nania, deceased.
Antonina Nania, petitioner-respondent;
Matteo Nania, objectant-appellant.
(File No. 2764C/2013)
Purported appeal from an order of the Surrogate's Court, Kings County, dated December 11, 2018, and appeal from an order of the same court dated June 23, 2019, which has been deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the objectant-appellant, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated June 23, 2019, to extend the time to perfect the appeals, and for poor person relief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branches of the motion which seek relief as to the order dated December 11, 2018, are denied as no notice of appeal was filed with respect to that order; and it is further,
ORDERED that the branches of the motion which are, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated June 23, 2019, to extend the time to perfect that appeal, and for leave to prosecute that appeal on the original papers is granted, the dismissal of the appeal from the order dated June 23, 2019, is vacated, and the appellant's time to perfect that appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), serving the appellant's brief, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until August 25, 2020, and the appellant shall file an original and five hard copies of the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., ROMAN, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court