Appellate Division: Second Judicial Department

M43741

E/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2005-11732, 2006-00638 In the Matter of Arthur Moskoff, deceased. David Moskoff, appellant; Helen Hayes Hospital, et al., respondents. (File No. 03-429)

DECISION & ORDER ON MOTION

Motion by the appellant to waive the certification requirement pursuant to 22 NYCRR 670.10.2(f) regarding the record on appeals from an order of the Surrogate's Court, Rockland County, entered November 9, 2005, and a decree of the same court dated December 12, 2005. Application by the appellant to enlarge the time to perfect the appeal and for leave to file an oversized brief.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until September 20, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the application which is for leave to file an oversized brief is denied without prejudice to submitting to the Clerk of this court, at least 10 days before the appeal is perfected, a copy of the proposed brief for approval pursuant to 22 NYCRR 670.10.3(e).

MILLER, J.P., SCHMIDT, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court