Matter of Oglesby, deceased
Motion No: 2024-01751
Slip Opinion No: 2025 NY Slip Op 60571(U)
Decided on January 13, 2025
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

M302130

AFA/

BETSY BARROS, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

LOURDES M. VENTURA, JJ.

2024-01751

In the Matter of Ammie Oglesby, deceased.

Lois M. Rosenblatt, etc., petitioner-respondent;

SHC Equities LLC, respondent-appellant.

(File No. 2245/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Surrogate's Court, Queens County, dated October 11, 2023. Motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental record containing certain material and to extend the time to serve and file a brief.

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 dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record containing certain material is granted to the extent that, on or before February 13, 2025, the appellant shall serve and file a supplemental record containing Exhibits A through C, filed on March 3, 2022, as reflected in the WebSurrogate File History in the above-entitled proceeding, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before March 14, 2025, the respondent shall serve and file the respondent's 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.

BARROS, J.P., MILLER, DOWLING and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court