Appellate Division: Second Judicial Department

M40904

C/nal

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT J. LUNN, JJ.

2005-08675 In the Matter of Joan Marie Fotiades, deceased. Daphne Fotiades, appellant; Gregory Fotiades, et al., respondents. (File No. 519/01)

DECISION &J ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Surrogate's Court, Suffolk County, dated September 1, 2005, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal. Cross motion by the respondent Gregory Fotiades to dismiss the appeal for failure to timely perfect, to impose sanctions on the appellant for filing an improper appendix, to enlarge the time to serve and file a brief, and, in effect, for leave to serve and file a supplemental appendix containing certain transcripts. Application by the respondents Marilyn Arbia and Joseph Arbia to enlarge the time to serve and file a brief.

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

ORDERED that the motion to waive the requirements of 22 NYCRR 670.10(f) regarding certification of the appendix on appeal is granted on condition that on or before July 11, 2006, the appellant shall serve and file a supplemental appendix containing the missing page of the petition dated October 30, 2001, containing paragraphs 7 through 10, and a transcript of voice mail messages dated April 17, 2001, and April 21, 2001, which was attached as an exhibit to the petition; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal is denied on condition that the appellant serves and files a supplemental appendix as directed by this decision and order; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief, and the application, are granted; the respondents' time to serve and file their respective briefs is enlarged until August 14, 2006, and the respondents' respective briefs shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion for leave to serve and file a supplemental appendix is granted and on or before August 14, 2006, the respondent Gregory Fotiades, if he be so advised, may serve and file a supplemental appendix containing the transcripts appended as Exhibits B and C to the cross motion papers; and it is further,

ORDERED that the cross motion is otherwise denied.

CRANE, J.P., LUCIANO, RIVERA and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court