Appellate Division: Second Judicial Department

M48062

S/sl

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-00012 In the Matter of Ruth Zirinsky, etc., deceased. Robert Zirinsky, petitioner-respondent; Linda Zirinsky Gilbert, et al., appellants; Harry Thomas David Zirinsky, et al., respondents-respondents. (File No. 329098)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 8, 2006, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the petitioner-respondent on an appeal from a decree of the Surrogate's Court, Nassau County, dated December 6, 2005, to strike the appellants' joint appendix on the ground that it is incomplete, and to enlarge the time to serve and file a 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 enlarge the time to serve and file a brief is granted; and it is further,

ORDERED that the respondents' time to serve and file briefs is enlarged until December 8, 2006, and the respondents' respective briefs must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

GOLDSTEIN, J.P., SKELOS, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court