Opinion
Motion No. 2024-00592Nos. 2005-0417/A2005-0417/B2005-0417/CNos. 2023-01831202400018
03-05-2024
In the Matter of the Application of Annie L. Cumma, as the Administrator of the Goods, Chattels, and Credits, which were of Edward D. Johnson, Deceased. v. Sheryl R. Menkes, Respondent-Appellant, For Leave to Allocate and Distribute Proceeds of a Cause of Action for the Conscious Pain and Suffering of the Decedent, to Fix Attorneys' Fees and to Render and have Judicially Settled such Account of Proceedings as Such Administrator. Annie L Cumma, Petitioner-Respondent, William S. Friedlander, Claimant-Respondent.
Unpublished Opinion
MOTION DECISION
Present - Hon. Jeffrey K. Oing, Justice Presiding, Lizbeth González Martin Shulman Bahaati E. Pitt-Burke Kelly O'Neill Levy, Justices.
Appeals having been taken to this Court from an order of the Surrogate's Court, New York County, entered on or about March 24, 2023 (Case No. 2023-01831), and from two orders of the same Court and Surrogate, entered on or about October 14, 2022, and March 29, 2023 (Case No. 2024-00018), and said appeals having been perfected,
And petitioner-respondent having moved to dismiss the appeals, or in the alternative, to extend the time in which to submit their respondent's brief by 30 days after a decision on this motion is rendered, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of: (1) directing respondent-appellant to file a corrected Record on Appeal containing a Table of Contents in accordance with 22 NYCRR 1250.7[b][3]; properly settled transcripts pursuant to CPLR 5525; respondent-appellant's notice of motion and the supporting affidavit for the motion to renew and reargue as filed in the Surrogate's Court; and petitioner-respondent's affirmation in opposition to said motion, and (2) adjourning the perfected appeals to the September 2024 Term of this Court, and the motion is otherwise denied.