Matter of Roberts, deceased
Motion No: 2005-05749 +1
Slip Opinion No: 2006 NYSlipOp 64422(U)
Decided on March 1, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M36454

Y/nal

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

JOSEPH COVELLO, JJ.

2005-05749, 2005-05750

In the Matter of Stephen M. Roberts, deceased.

Alice Roberts, appellant, v

Nathan Borg, respondent.

(File No. 312558)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the record on appeals from two orders of the Surrogate's Court, Nassau County, dated March 12, 2004, and May 28, 2004, respectively, to include the transcript of the deposition of Alice Roberts dated November 19, 2002, and the complete transcript of the deposition of Kenneth Jacoby dated August 6, 2002, and to enlarge the time to serve and file a brief.

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 enlarge time is granted, the respondent's time to serve and file a brief is enlarged until April 3, 2006, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

ADAMS, J.P., RITTER, RIVERA and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court