Appellate Division: Second Judicial Department

M301218

AFA/

BETSY BARROS, J.P.

LARA J. GENOVESI

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2023-12375 In the Matter of Maria E. Droz, deceased. Juan Selas, appellant; Rene Isaias Cespedes Oliver, respondent. (File No. 4004/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Surrogate's Court, Kings County, dated December 8, 2023. Motion by the appellant, inter alia, to recover damages for breach of contract. Separate motion by the appellant, inter alia, to extend the time to perfect the appeal. Separate motion by the appellant, inter alia, for an award of costs and attorney's fees.

Upon the papers filed in support of the motions to recover damages and to extend the time to perfect the appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion for an award of costs and attorney's fees and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before February 4, 2025, 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 motions are otherwise denied.

BARROS, J.P., GENOVESI, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court