Matter of Dahan, deceased
Motion No: 2021-08830
Slip Opinion No: 2022 NY Slip Op 71324(U)
Decided on September 9, 2022
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

M284792

SL/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

LILLIAN WAN, JJ.

2021-08830, 2022-02133, 2022-04989

In the Matter of Shimon Dahan, deceased.

Candice B. Dahan, etc., et al., petitioners-respondent

Roberta Nelson, respondent-appellant;

Victoria M. Brown, nonparty-appellant.

(File No. 908/2020)

DECISION & ORDER ON MOTION


s;

Appeals from three orders of the Surrogate's Court, Rockland County, dated October 27, 2021, March 15, 2022, June 13, 2022, respectively. Motion by the appellant and non-party Victoria M. Brown, in effect, to deem the notice of appeal from the order dated March 15, 2022, to reflect that Victoria M. Brown is also an appealing party and to extend the time to perfect the appeals. Application by the respondents to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in relation 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 branch of the motion which is, in effect, to deem the notice of appeal from the order dated March 15, 2022, to reflect that Victoria M. Brown is also an appealing party is granted, the notice of appeal from the order dated March 15, 2022, is deemed to reflect that Victoria M. Brown is also an appealing party (see CPLR 2001), and the caption is amended accordingly; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeals is granted, and on or before October 7, 2022, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the application is denied as premature.

CONNOLLY, J.P., CHRISTOPHER, WOOTEN and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court