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Keywords

appealappellant

Related Cases

Darcy Joan Chamberlin Grim, appellant, v. John B. Chamberlin, et al., respondents. (Matter No. 1) In, nan

Facts

The case involves an application by the appellant to enlarge the time to perfect an appeal from a decree issued by the Surrogate's Court in Dutchess County on September 16, 2009. The appellant sought additional time to prepare and submit the required documents for the appeal process.

The case involves an application by the appellant to enlarge the time to perfect an appeal from a decree issued by the Surrogate's Court in Dutchess County on September 16, 2009.

Issue

Whether the appellant should be granted an extension of time to perfect the appeal from the Surrogate's Court decree.

Application by the appellant pursuant to 22 NYCRR 670.8 (d)(2) to enlarge the time to perfect an appeal from a decree of the Surrogate's Court, Dutchess County, dated September 16, 2009.

Rule

The court has the authority to grant extensions of time for the perfection of appeals under 22 NYCRR 670.8 (d)(2).

Analysis

In considering the appellant's request, the court evaluated the circumstances surrounding the need for an extension. The court found that granting the extension was appropriate and would not prejudice the opposing party, thus allowing the appellant sufficient time to prepare the necessary documents for the appeal.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 9, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

Conclusion

The court granted the application, extending the time for the appellant to perfect the appeal until August 9, 2010.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 9, 2010.

Who won?

The appellant prevailed in this case as the court granted their request for an extension, allowing them more time to prepare their appeal.

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