Appellate Division: Second Judicial Department

M51230

E/sl

WILLIAM F. MASTRO, J.P.

GABRIEL M. KRAUSMAN

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2006-04172 In the Matter of Thomas Carvel, deceased. Pamela Carvel, appellant; McCarthy Fingar, LLP, et al., respondents. (File No. 90-3285)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Surrogate's Court, Westchester County, dated March 3, 2006, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, separate motion by the appellant pro se to transfer the appeal to another department of the Appellate Division, and separate applications by the respondents McCarthy Fingar, LLP and Leonard Ross, to enlarge the time to serve and file their respective briefs.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the applications, it is

ORDERED that the motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is denied with leave to renew upon filing of a supplemental appendix containing the motion papers submitted to the Surrogate's Court which resulted in the order dated March 3, 2006, and the appellant shall serve and file the supplemental appendix on or before April 12, 2007; and it is further,

ORDERED that the motion to transfer the appeal to another department of the Appellate Division is denied; and it is further,

ORDERED that the applications are granted, and the respondents' time to serve and file their respective brief is enlarged until May 14, 2007, and the respondent's briefs must be served and filed on or before that date.

MASTRO, J.P., KRAUSMAN, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court