| Matter of Ash, deceased |
| Motion No: 2022-04445 |
| Slip Opinion No: 2023 NY Slip Op 64144(U) |
| Decided on March 29, 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
M288137
AFA/
VALERIE BRATHWAITE NELSON, J.P.
LARA J. GENOVESI
BARRY E. WARHIT
HELEN VOUTSINAS, JJ.
|
2022-04445 In the Matter of Paul J. Ash, deceased. Marcia Abrams, et al., petitioners-respondents; Nobuko Narita, objectant-appellant. (File No. 378874/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Surrogate's Court, Nassau County, dated May 6, 2022. Motion by the respondents to dismiss the appeal, inter alia, on the ground that the appellant is not aggrieved by the order and judgment (see CPLR 5511). Separate motion by the respondents to extend the time to serve and file a brief.
Upon the papers filed in support of the motion to dismiss and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the motion to extend the time to serve and file a brief is granted, and on or before April 28, 2023, the respondents shall serve and file the respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
BRATHWAITE NELSON, J.P., GENOVESI, WARHIT and VOUTSINAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court