Appellate Division: Second Judicial Department

M57845

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2006-11573 In the Matter of Faye Mancuso, deceased. Sebastian Robert Grassi, petitioner-respondent; Marc J. Monto, nonparty-appellant. (File No. 181/00)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Surrogate's Court, Kings County, dated November 29, 2006, on the ground that the record on appeal is inadequate, or, in the alternative, for leave to file a supplemental record 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 dismiss the appeal is granted to the extent that on or before August 16, 2007, the appellants shall serve and file a supplemental record containing the transcript of the oral argument of the subject motions which occurred on August 15, 2006; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until September 17, 2007, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is for leave to file a supplemental record is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., SPOLZINO, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court