Appellate Division: Second Judicial Department

M36721

T/sl

GLORIA GOLDSTEIN, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-06101 In the Matter of Francis V. DiCorcia, Jr., deceased. Eric DiCorcia, respondent; Mark Anthony DiCorcia, et al., appellants. (File No. 92432/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Surrogate's Court, Dutchess County, dated May 27, 2005, inter alia, to dismiss the appeal on the ground that the record is incomplete, or to enlarge his time to serve and file a brief, and cross motion by the appellants for leave to serve and file a supplemental record.

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before March 24, 2006, the appellants serve and file a supplemental record containing (1) the affirmation in opposition of John Rusk dated May 4, 2005, and Exhibit A annexed thereto, (2) the reply affirmation of Walter Schwartz dated May 10, 2005, (3) Exhibits A through O annexed to the affirmation of John Rusk dated May 3, 2005, and (4) Exhibits A through D annexed to the affidavit in opposition of Mark Anthony DiCorcia dated May 10, 2005; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, and the respondent's time to serve and file a brief is enlarged until April 24, 2006, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is granted to the extent indicated above.

GOLDSTEIN, J.P., RIVERA, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court