Appellate Division: Second Judicial Department

M35990

C/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-06583 In the Matter of Victoria Kunicki, deceased. Seth Rubenstein, P.C., appellant-respondent; Elizabeth Bednarz, respondent-appellant. (File No. 139/99)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal from an order of the Surrogate's Court, Kings County, dated April 13, 2005, to strike pages 228-307 and 318 from the record on the ground that the material contained therein is dehors the record, and to strike stated portions of the brief of the appellant-respondent on the ground that they refer to matters dehors the record, to strike the appellant-respondent's request for oral argument on the ground that the rules of this court do not permit oral argument of this appeal, and for costs in connection with this motion.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to strike portions of the record and brief is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,

ORDERED that the motion is otherwise denied.

SANTUCCI, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court