Matter of Gaffney, deceased
Motion No: 2023-09233
Slip Opinion No: 2024 NY Slip Op 77059(U)
Decided on October 23, 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

M300204

KS/

MARK C. DILLON, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2023-09233

In the Matter of Jeremiah C. Gaffney, Jr., deceased.

Jonathan Gaffney, petitioner-respondent;

Mary E. Jones, etc., respondent-appellant.

(File No. 2705/1996)

DECISION & ORDER ON MOTION

2024-02356

In the Matter of Jeremiah C. Gaffney, Jr., deceased.

Jonathan Gaffney, petitioner-respondent;

Mary E. Jones, etc., respondent-appellant.

(File No. 2705/1996)

Appeals from two orders of the Surrogate's Court, Queens County, dated July 5, 2023, and February 15, 2024, respectively. Motion by the appellant to stay enforcement of the orders, pending hearing and determination of the appeals, and to consolidate the appeals. Separate motion by the appellant to extend the time to perfect the appeals.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of the orders, pending hearing and determination of the appeals, 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 motion to extend the time to perfect the appeals is granted, and on or before November 22, 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.

DILLON, J.P., WOOTEN, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court