| Matter of Thomas F. Brice Irrevocable Trust |
| Motion No: 2022-00288 |
| Slip Opinion No: 2023 NY Slip Op 62864(U) |
| Decided on March 3, 2023 |
| 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
M287671
AFA/
BETSY BARROS, J.P.
ROBERT J. MILLER
LARA J. GENOVESI
LILLIAN WAN, JJ.
|
2022-00288 In the Matter of Thomas F. Brice Irrevocable Trust. Thomas F. Brice, Jr., respondent; Rosemary Brice, et al., appellants. (File No. 2480/2017)
| DECISION & ORDER ON MOTION |
Appeal and cross appeals from an order of the Surrogate's Court, Suffolk County, dated December 23, 2021, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Separate motions by Rosemary Brice and Lori Brice Aliano pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the cross appeals and to extend the time to perfect the cross appeals.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are granted, the dismissals of the cross appeals pursuant to 22 NYCRR 1250.10(a) are vacated, the cross appeals by the movants are deemed to be appeals from the order, the time to perfect the appeals is extended, and on or before April 3, 2023, the movants shall serve and file the joint record or appendix and their respective briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and their respective briefs and upload digital copies of the joint record or appendix and their respective briefs, with proof of service thereof, through the digital portal on this Court's website.
BARROS, J.P., MILLER, GENOVESI and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court