Appellate Division: Second Judicial Department

M290559

AFA/

ANGELA G. IANNACCI, J.P.

WILLIAM G. FORD

BARRY E. WARHIT

LOURDES M. VENTURA, JJ.

2022-04020 In the Matter of Cheryl LaBella Hoppenstein 2005 Trust, etc. Joel Hoppenstein, petitioner-respondent; Cheryl Hoppenstein, et al., objectants-appellants, et al., respondents. (File No. 1468/2011)

DECISION & ORDER ON MOTION

Appeal from a decree of the Surrogate's Court, Westchester County, dated April 25, 2022. Motion by the appellants to enlarge the record to include certain material. Application by the appellants to extend the time to perfect the appeal.

Upon the papers filed in support of the motion 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 branch of the motion which is to enlarge the record to include objectants' trial exhibits 47(KK), 50(NN), 51(OO), 52(001), and 54(QQ), is denied as unnecessary as those exhibits are properly part of the record; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted, and on or before September 15, 2023, 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.

IANNACCI, J.P., FORD, WARHIT and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court