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ESTATE OF ELSIE SPARZANI, Deceased

ESTATE OF ELSIE SPARZANI, Deceased (1006/A/10) — In this SCPA 2103 proceeding, the petitioner was directed to serve and file his amended petition by March 2, 2012; however, he did not file his amended petition until November 19, 2012. The petitioner now requests an extension of time to file the amended petition so that the November 19, 2012 filing be deemed timely filed. He notes there is no prejudice to respondent in the proceeding as all disclosure was completed during the extended time period. The respondent opposes the motion only to the extent of alleging that she will be prejudiced if the petitioner is allowed any additional disclosure as discovery is complete.

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ESTATE OF ELSIE SPARZANI, Deceased (1006/A/10) — In this SCPA 2103 proceeding, the petitioner was directed to serve and file his amended petition by March 2, 2012; however, he did not file his amended petition until November 19, 2012. The petitioner now requests an extension of time to file the amended petition so that the November 19, 2012 filing be deemed timely filed. He notes there is no prejudice to respondent in the proceeding as all disclosure was completed during the extended time period. The respondent opposes the motion only to the extent of alleging that she will be prejudiced if the petitioner is allowed any additional disclosure as discovery is complete.

Based on this state of the record, the motion is granted on condition that the petitioner will not seek additional disclosure. The respondent shall serve and file an answer to the amended petition by February 20, 2013. After the answer is served and filed, the matter will appear upon the ready for trial calendar of the court upon compliance with the applicable Uniform Rules for Surrogate’s Court (22 NYCRR). Either party may make any motion they deem appropriate. The Chief Clerk shall mail a copy of this decision, which constitutes the order of the court, to all counsel.

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