Matter of Fiorentino, deceased
Motion No: 2020-03434
Slip Opinion No: 2020 NY Slip Op 73657(U)
Decided on October 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M273656

MB/

CHERYL E. CHAMBERS, J.P.

JOSEPH J. MALTESE

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2020-03434

In the Matter of Pat Fiorentino, etc., deceased.

Carmela J. Costello, petitioner-respondent;

Mary Giorano, objectant-appellant.

(File No. 351/2018 )

DECISION & ORDER ON MOTION

Appeal from a decree of the Surrogate's Court, Queens County, dated January 27, 2020. Motion by the petitioner-respondent to dismiss the appeal on the ground that the notice of appeal was not properly served upon the petitioner-respondent and on the ground that the appeal has no merit.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the petitioner-respondent's time to serve and file a brief is extended, and on or before November 23, 2020, the petitioner-respondent shall serve the petitioner- respondent's brief and upload a digital copy of the petitioner-respondent's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the petitioner-respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court.

CHAMBERS, J.P., MALTESE, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court