Opinion
2021-75391 Motion 2021-03673 2021-03869
12-02-2021
In the Matter of the Probate of the Will of Avonne Eyre Keller, Deceased, v. Mohammad S. Bhuiyan, Respondent-Appellant. In the Matter of the Petition of Gary E. Reska, Petitioner-Respondent, For Turnover of the Assets of the Estate of Avonne Eyre Keller, Deceased Docket No. 3847/15 No. 2019-04100
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton Saliann Scarpulla, Justices.
An appeal having been taken from a decree of the Surrogates Court, New York County, entered on or about September 11, 2019,
And petitioner-respondent having moved for an order denying respondent-appellant the vacatur, for the third time, of the dismissal of the aforesaid appeal for failure to perfect, and declaring the dismissal of the appeal final in all respects (M-2021-03673), And respondent-appellant having cross moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal, on condition respondent perfects said appeal for the January 2022 Term, and for leave to supplement the appendix with the June 2016 affirmation of Hyman Silverglad, filed with the Surrogate's Court (M-2021-03869), 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 by petitioner is denied, without prejudice to petitioner seeking costs on appeal (M-2021-03673), and
It is further ordered that the cross motion is granted to the extent of vacating the dismissal and reinstating the aforesaid appeal and extending the time to perfect same to the March 2022 Term of this Court, with no further extensions to be granted, and otherwise denied (M-2021-03869).