| IN THE MATTER OF THE ESTATE OF RICHARD D. PRIEST, SR., DECEASED. |
| Motion No: CA 24-01057, CA 24-01058, and CA 24-01059 |
| Slip Opinion No: 2025 NY Slip Op 76310(U) |
| Decided on September 9, 2025 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 24-01057, CA 24-01058, and CA 24-01059
| IN THE MATTER OF THE ESTATE OF RICHARD D. PRIEST, SR.,
DECEASED. RICHARD D. PRIEST, JR., PETITIONER-APPELLANT, V ELLEN C. PRIEST,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeals taken herein from orders of the Onondaga County Surrogate's Court, dated May 31, 2024 and June 26, 2024 and to settle the record for the appeals,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion for an extension of time to perfect the appeals is denied without prejudice to a timely motion to vacate the dismissal of the appeals(see 22 NYCRR 1250.10 [c]), and
It is further ORDERED that the motion to settle the record on the appeals is denied.
Memorandum: A motion to settle the record is properly brought in the court from which the appeal is taken (Surrogate's Court), not this Court (see Stewart v Soda, 239 AD2d 966, 966 [4th Dept 1997]; 22 NYCRR 1250.7 [g]; 1000.7 [b]).
Entered: September 9, 2025
Ann Dillon Flynn
Clerk of the Court