Appellate Division: Second Judicial Department

M62773

E/sl

GABRIEL M. KRAUSMAN, J.P.

STEVEN W. FISHER

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2006-05472, 2006-07757, 2006-10078 In the Matter of Juliana Gucu, deceased. Viorika Anka, respondent; John Gucu Roberts, appellant. (File No. 4518/96)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from three orders of the Surrogate's Court, Queens County, dated May 1, 2006, July 19, 2006, and September 20, 2006, respectively, to strike stated portions of the appellant's brief and appendix on the grounds that they contain or refer to matter dehors the record or improperly raise issues for the first time on appeal. Separate motion by the respondent to enlarge the time to serve and file a brief. Separate motion by the appellant pro se, inter alia, to restrain the respondents from "collection of Rent Roll income from the eight rental units of the [subject] property," and to enlarge the record to include the entire case file in the above-entitled proceeding.

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

ORDERED that on the court's own motion, the appeals are dismissed, without costs or disbursements, for failure to perfect the same in accordance with the rules (see 22 NYCRR 670.10.2), and prior orders of this court; and it is further,

ORDERED that the motions are denied as academic.

KRAUSMAN, J.P., FISHER, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court