Appellate Division: Second Judicial Department

M288292

AFA/

ANGELA G. IANNACCI, J.P.

LINDA CHRISTOPHER

WILLIAM G. FORD

JANICE A. TAYLOR, JJ.

2021-09424 In the Matter of Alfred M. Buff, deceased. Lenore S. Nemeth, et al., petitioners-respondents; Carolyn Buff, objectant-appellant, Aaron Connor, respondent-respondent. (File No. 906/2018)

DECISION & ORDER ON MOTION

2022-03772

In the Matter of Alfred M. Buff, deceased.

Lenore S. Nemeth, et al., petitioners-respondents;

Carolyn Buff, objectant-appellant, Aaron Connor,

respondent-respondent.

(File No. 906/2018)

Appeals from two orders of the Surrogate's Court, Dutchess County, dated November 23, 2021, and April 8, 2022, respectively. Motion by the appellant to take judicial notice of certain documents or, in the alternative, to enlarge the record, and pursuant to 22 NYCRR 1250.7(g) to waive certification of the record. Application by the appellant to extend the time to perfect the appeal from the order dated November 23, 2021. Separate motion by the appellant to consolidate the appeals and to extend the time to perfect the appeals.

Upon the papers filed in support of the motions 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 by the appellant to take judicial notice of certain documents or, in the alternative, to enlarge the record, and pursuant to 22 NYCRR 1250.7(g) to waive certification of the record is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,

ORDERED that the application to extend the time to perfect the appeal from the order dated November 23, 2021, and the branch of the motion which is to extend the time to perfect the appeals are granted, and on or before June 6, 2023, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

IANNACCI, J.P., CHRISTOPHER, FORD and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court