Opinion
Motion No. 2021-01082 Motion No. 2021-01214
05-13-2021
In the Matter of the Probate of the Will of Avonne Eyre Keller, Deceased, 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 v. Mohammad S. Bhuiyan, Respondent-Appellant.
PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton Saliann Scarpulla, Justices. Docket No. 3847/15
Case No. 2019-04100
An appeal having been taken from a decree of the Surrogates Court, New York County, entered on or about September 11, 2019,
And an order of this Court having been entered on January 12, 2021 which, inter alia, vacated the dismissal of the appeal, directed respondent-appellant to perfect said appeal for the June 2021 Term of this Court, and granted petitioner-respondent's cross motion to strike certain documents in respondent-appellant's proposed appendix as not part of the trial record (M-2020-03977/2020-04161),
And petitioner-respondent herein having moved for an order denying the reinstatement of the appeal, for a second time, or in the alternative, expressly conditioning the second reinstatement of the appeal on respondent's perfection of the appeal by a fixed date, so that if respondent fails to comply, the second reinstatement of the appeal would be deemed denied and respondent would not have another opportunity to move to vacate the dismissal (M-2021-01082),
And respondent-appellant having cross moved, (1) pursuant to 22 NYCRR 1250.10(c), to vacate the second dismissal of the appeal, on condition that he perfect the appeal for the September 2021 Term; (2) for leave to prosecute the appeal as a poor person, and to modify this Court's rules with respect to electronic filing to allow him to file an appendix with handwritten pagination and without bookmarks; and (3) to reargue the aforementioned order of this Court, entered on January 12, 2021 (M-2020-03977/M-2020-04161), and upon reargument, vacating that portion of the order which granted petitioner-respondent's cross motion by striking certain proposed appendix documents that are not part of the trial record (M-2021-01214),
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 petitioner-respondent's motion (M-2021-01082) is denied, and
It is further ordered that respondent-appellant's cross motion (M-2021-01214) is granted to the extent of vacating the dismissal of the appeal and extending the time in which to perfect said appeal to the October 2021 Term of this Court. The cross motion is otherwise denied (M-2021-01214). ENTERED: May 13, 2021
/s/
Susanna Molina Rojas
Clerk of the Court