Appellate Division: Second Judicial Department

M292160

AFA/

ANGELA G. IANNACCI, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

LILLIAN WAN, JJ.

2023-03788 In the Matter of Leslie Virgil, deceased. Leonard Sutherland, petitioner-appellant; Viki Greene, objectant-respondent. (File No. 2955/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Surrogate's Court, Kings County, dated March 22, 2023. Motion by the appellant for leave to appeal to this Court from the order, to stay all proceedings in the above-entitled matter, pending hearing and determination of the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal to this Court is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeal is extended, and on or before January 8, 2024, 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; and it is further,

ORDERED that the motion is otherwise denied.

IANNACCI, J.P., MALTESE, WOOTEN and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court