Opinion
Motion Nos. 2023-01123 2023-01203 File Nos. 2009-3748/C 2009-3748/D/E Case No. 2023-00248
04-11-2023
In the Matter of the Accounting of Samuel Hassine as Executor of the Estate of David Hassine, Deceased. In the Matter of the Application of Steven Hassine and Jaclyn Hassine, Individually and as the Sole Residuary Beneficiaries and First Substitute Executors of the Estate of David Hassine, Deceased, For a Decree Revoking Letters Testamentary Issued to Samuel Hassine under the Last Will and Testament of David Hassine, Deceased, and Appointing Steven Hassine and Jaclyn Hassine as Successor Executors. Steven Hassine and Jaclyn Hassine, Objectants-Appellants, v. Samuel Hassine, Executor-Respondent.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Sallie Manzanet-Daniels, David Friedman Peter H. Moulton Saliann Scarpulla John R. Higgitt, Justice Presiding, Justices.
An appeal having been taken to this Court from an order of the Surrogate's Court, New York County, entered on or about December 14, 2022,
And Executor-Respondent Samuel Hassine having moved pursuant to CPLR 5513[a] to dismiss the appeal as untimely taken (M-2023-01123), And Objectants-Appellants Steven Hassine and Jaclyn Hassine having cross moved for an extension of time to file their notice of appeal pursuant to CPLR 5520[a] and for an extension of time to perfect the appeal (M-2023-01203)
Now, upon reading and filing the papers with respect to the motion and cross-motion, and due deliberation having been had thereon, It is ordered that the motion to dismiss the appeal is denied (M-2023-01123), and
It is further ordered that the cross motion is granted to the extent of deeming the notice of appeal timely filed and is otherwise denied as unnecessary.