Opinion
No. 2019-12200 File No. 3311/2010
01-31-2022
In the Matter of Konstantinos Apostolidis, etc., deceased. Paul Palmieri, et al., petitioners-appellants; Judith N. Berger, nonparty-appellant.
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FRANCESCA E. CONNOLLY, J.P. LINDA CHRISTOPHER JOSEPH A. ZAYAS LARA J. GENOVESI, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Surrogate's Court, Suffolk County, dated August 1, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the petitioners-appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal insofar as taken by them and to extend the time to perfect the appeal insofar as taken by them.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, the dismissal of the appeal insofar as taken by the petitioners-appellants pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before February 15, 2022, the petitioners-appellants shall serve and file the record or appendix and the petitioners-appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the petitioners-appellants' brief and upload digital copies of the record or appendix and the petitioners-appellants' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that no further extension of time shall be granted.
CONNOLLY, JP, CHRISTOPHER, ZAYAS and GENOVESI, JJ, concur