Appellate Division: Second Judicial Department

M300535

KS/

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

JAMES P. MCCORMACK, JJ.

2023-10376 In the Matter of Charles C. Gittens, deceased. Carl Gittens, petitioner-respondent; George Gittens, respondent-appellant. (File No. 2854/1991)

DECISION & ORDER ON MOTION

Appeal from an order of the Surrogate's Court, Kings County, dated September 27, 2023. Motion by the appellant to enlarge the record to contain certain material and to extend the time to perfect the appeal.

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 to enlarge the record to contain certain material is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before December 6, 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 no further extension of time shall be granted.

BARROS, J.P., BRATHWAITE NELSON, WARHIT and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court