Appellate Division: Second Judicial Department

M65876

E/sl

ROBERT A. LIFSON, J.P.

DAVID S. RITTER

ANITA R. FLORIO

EDWARD D. CARNI, JJ.

2007-09516 In the Matter of Harvey Greenfield, deceased. Louis Rosenthal, appellant; Gerard Cabrera, etc., et al., respondents. (Proceeding No. 1) In the Matter of Rosemarie Carlson, deceased. Louis Rosenthal, appellant; Gerard Cabrera, etc., et al., respondents. (Proceeding No. 2) In the Matter of Henry Holder, deceased. Louis Rosenthal, appellant; Gerard Cabrera, etc., et al., respondents. (Proceeding No. 3) In the Matter of Freida Holder, deceased. Louis Rosenthal, appellant; Gerard Cabrera, etc., et al., respondents. (Proceeding No. 4) (File Nos. 2978/00, 4848/01, 4251/96, 4597/97)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Surrogate's Court, Kings County, dated September 7, 2007, inter alia, to strike stated portions of the brief of the respondent Gerard Cabrera on the ground that it refers to matter dehors the record.

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

ORDERED that the motion is granted to the extent that the following material is stricken from the brief of the respondent Gerard Cabrera:

(1) the last sentence on page 4, which begins with the words "Appellant's true motivation" through "those other estates";

(2) Point IV of the analysis section of the brief located on pages 16 through 19, and the reference to Point IV in the Table of Contents on page i;

(3) the last sentence in the conclusion on page 19, which begins with the word "Finally" and ends with the words "Kings County"; and it is further,

ORDERED that on or before February 21, 2008, the respondent Gerard Cabrera shall either delete or remove the stricken material from the copies of the brief on file with the Clerk of this court or serve and file a replacement brief that does not contain the stricken material; and it is further,

ORDERED that the appellant's time to serve and file a reply brief is enlarged until March 3, 2008, and the reply brief, if any, must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court