Appellate Division: Second Judicial Department

M301447

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

LILLIAN WAN

PHILLIP HOM, JJ.

2022-00428 In the Matter of Anthony Perricone, deceased. Carrieann Perricone, petitioner-appellant; Alexandra Perricone, respondent-respondent. (File No. 1260/2020)

DECISION & ORDER ON MOTION

2022-04444

In the Matter of Anthony Perricone, deceased.

Carrieann Perricone, etc., respondent-appellant;

Alexandra Perricone, appellant-respondent.

(File No. 1260/2020)

2024-02787

In the Matter of Anthony Perricone, deceased.

Carrieann Perricone, etc., petitioner-respondent;

Alexandra Perricone, respondent-appellant.

(File No. 1260/2020)

Appeals from three orders of the Surrogate's Court, Richmond County, dated January 14, 2022, May 10, 2022, and February 16, 2024, respectively, and cross-appeal from the order dated May 10, 2022. Motion by Alexandra Perricone to stay enforcement of the order dated February 16, 2024, pending hearing and determination of the appeals. Motion by Carrieann Perricone to strike stated portions of the appellant's brief filed in the appeal from the order dated February 16, 2024, on the ground that they refer to matter dehors the record and raise arguments for the first time on appeal. Cross-motion by Alexandra Perricone, in effect, to enlarge the record in the appeal from the order dated February 16, 2024, to include certain material, to consolidate the appeals, and in effect, for a preference in the calendaring of the appeals. Application by Carrieann Perricone to extend the time to serve and file a respondent's brief in the appeal from the order dated February 16, 2024.

Upon the papers filed in support of the motions and cross-motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to stay enforcement of the order dated February 16, 2024, pending hearing and determination of the appeals, is denied; and it is further,

ORDERED that the motion to strike stated portions of the appellant's brief filed in the appeal from the order dated February 16, 2024, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the cross-motion is denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the application by Carrieann Perricone to extend the time to serve and file a respondent's brief in the appeal from the order dated February 16, 2024, is granted, and on or before January 15, 2025, the respondent Carrieann Perricone shall serve and file her brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

VOUTSINAS, J.P., MILLER, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court