Matter of Decker, Deceased
Motion No: 2021-06333
Slip Opinion No: 2024 NY Slip Op 71803(U)
Decided on July 31, 2024
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M298093

AFA/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2021-06333

In the Matter of Walter C. Decker, deceased.

Robert K. Decker, petitioner-appellant;

Walter C. Decker, Jr., objectant-respondent.

(File No. 669/2003)

DECISION & ORDER ON MOTION

Appeal from an order of the Surrogate's Court, Orange County, dated May 18, 2021, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect 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 the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to vacate the dismissal of the appeal is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, the appellant's time to perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellant's brief, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until September 30, 2024; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person on the original papers is denied as unnecessary as this relief was granted in a decision and order on motion of this Court dated October 15, 2021; and it is further,

ORDERED that the branches of the motion which are to waive payment of the filing fee, for free transcripts, and for the assignment of counsel are denied (see CPLR 1101[a]).

BRATHWAITE NELSON, J.P., WOOTEN, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court