Appellate Division: Second Judicial Department

M45605

S/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

ROBERT A. SPOLZINO, 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

On the court's own motion, it is

ORDERED that its decision and order on motion dated October 5, 2006, in the above-entitled proceeding is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant to enlarge the record on appeals from (1) an order of the Surrogate's Court, Rockland County, dated November 9, 2005, and (2) a decree of the same court dated December 12, 2005, to include certain additional documents, and to enlarge the time to serve and file a brief on the appeals. Cross application by the respondents to strike stated material from the record on the ground that it is dehors the record.

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

ORDERED that the branch of the motion which is to enlarge the record and the cross application are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file the appellant's brief is granted and the appellant's brief shall be served and filed on or before October 25, 2006; and it is further,

ORDERED that the respondents' briefs shall be served and filed on or before December 4, 2006.

CRANE, J.P., KRAUSMAN, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court