Appellate Division: Second Judicial Department

M283242

MB/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

LARA J. GENOVESI, JJ.

2021-06333 In the Matter of Walter C. Decker, deceased. Robert K. Decker, petitioner-appellant; Walter C. Decker, Jr., objectant-respondent. (File No. 669/2003)

DECISION & ORDER ON MOTION

Appeal from an order of the Surrogate's Court, Orange County, dated May 18, 2021, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect the appeal, in effect, to waive certification of the appellant's appendix pursuant to 22 NYCRR 1250.7(g), and to waive the filing fee of the appeal.

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 branch of the motion which is to vacate the dismissal of the appeal is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before August 1, 2022, the appellant shall serve and file the appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the appendix and the appellant's brief and upload digital copies of the appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; if the appellant is self-represented and unable to upload digital copies through the digital portal on this Court's website, the appellant may file one original appendix and brief with the Clerk of this Court, with proof of service of one hard copy on the respondent; and it is further,

ORDERED that the branch of the motion which is to waive certification of the appellant's appendix pursuant to 22 NYCRR 1250.7(g) is granted; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., MALTESE, WOOTEN and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court