Appellate Division: Second Judicial Department

M280789

MB/

LEONARD B. AUSTIN, J.P.

COLLEEN D. DUFFY

BETSY BARROS

JOSEPH A. ZAYAS, JJ.

2020-07490 In the Matter of Charlene Nederlander, deceased. James Couri, petitioner-appellant; Kristina Gustafson, respondent-respondent. (File No. 2784/2019)

DECISION & ORDER ON MOTION

2021-02450

In the Matter of Charlene Nederlander, deceased.

James Couri, petitioner-appellant;

Kristina Gustafson, respondent-respondent.

(File No. 2784/2019)

Appeals from two orders of the Surrogate's Court, Suffolk County, dated September 18, 2020, and March 8, 2021, respectively. Motion by the petitioner-appellant, inter alia, for leave to renew and reargue his prior motion to hold the appeals in abeyance, pending certain proceedings in the Surrogate's Court, Suffolk County, which was determined by decision and order on motion of this Court dated July 23, 2021. Cross motion by the respondent-respondent, inter alia, to impose a sanction upon the petitioner-appellant. Separate motion by the petitioner-appellant for leave to serve and file a supplemental appendix in connection with the appeal from the order dated September 18, 2020. Separate motion by the petitioner-appellant to extend the time to perfect the appeal from the order dated March 8, 2021. Application by the appellant pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeals.

Upon the papers filed in support of the motions and cross motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion, inter alia, for leave to renew and reargue the appellant's prior motion, the cross motion, and the motion for leave to serve and file a supplemental appendix in connection with the appeal from the order dated September 18, 2020, are denied; and it is further,

ORDERED that the motion to extend the time to perfect the appeal from the order dated March 8, 2021 and the branch of the application which is for that relief are granted, and on or before January 31, 2022, the petitioner-appellant shall serve and file the record or appendix and the petitioner-appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the petitioner-appellant's brief and upload digital copies of the record or appendix and the petitioner-appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the application which is to extend the time to perfect the appeal from the order dated September 18, 2020, is denied as unnecessary as that appeal was timely perfected.

AUSTIN, J.P., DUFFY, BARROS and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court