Appellate Division: Second Judicial Department

M47951

E/sl

DAVID S. RITTER, J.P.

ROBERT A. SPOLZINO

ROBERT J. LUNN

DANIEL D. ANGIOLILLO, JJ.

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

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Surrogate's Court, Suffolk County, dated September 1, 2005, to strike pages RA90 through RA114 of the brief and appendix of the respondent Gregory Fotiades and to replace those pages with an audiotape of certain proceedings which occurred in the Surrogate's Court, Suffolk County, and to enlarge the time to serve and file a reply 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 strike pages RA90 through RA114 of the brief and appendix of the respondent Gregory Fotiades and replace those pages with the audiotape of the subject proceedings is denied without prejudice to the appellant's filing the audiotape as an exhibit to the original papers; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until December 27, 2006, and the reply brief must be served and filed on or before that date.

RITTER, J.P., SPOLZINO, LUNN and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court