Appellate Division: Second Judicial Department

M65740

E/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2007-05467 In the Matter of Michael Szkambara, deceased. Anna Bidiak, appellant; Oleh Dekajlo, respondent. (File No. 5038/96)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Surrogate's Court, Queens County, dated May 3, 2007, for leave to serve and file an appendix containing the transcripts of the proceedings which occurred before the Surrogate's Court, Queens County, on August 28, 2006, and August 29, 2006, 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 for leave to serve and file an appendix containing the transcripts of the proceedings which occurred on August 28, 2006, and August 29, 2006, is denied as unnecessary as the respondent may file an appendix as of right (see CPLR 5528[B]); 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 and appendix is enlarged until February 26, 2008, and the respondent's brief and appendix must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

RITTER, J.P., FLORIO, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court