Opinion
Motion No: 2011-01684 2011-01685 File No. 505/09 M123583
08-03-2011
In the Matter of Sylvia Golub, deceased. J. David Golub, appellant; v. Norman Golub, respondent.
, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
DECISION & ORDER ON MOTION
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decree of the Surrogate's Court, Richmond County, dated January 4, 211, and a decision of the same court dated December 8, 2010.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal from the decision (Appellate Division Docket No. 2011-01685) is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the decree is granted and the appellant's time to perfect that appeal is enlarged until September 19, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the application is otherwise denied as academic.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court