Matter of Piterniak, deceased
Motion No: 2007-06483
Slip Opinion No: 2008 NYSlipOp 63596(U)
Decided on February 14, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M66095

E/sl

STEVEN P. FISHER, J.P.

HOWARD MILLER

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2007-06483

In the Matter of Ellen Piterniak, deceased.

Robert J. Piterniak, et al., appellants;

Ellen Cinque, respondent.

(File No. 654/02)

DECISION & ORDER ON MOTION

Motion by the appellants pro se on an appeal from an order of the Surrogate's Court, Suffolk County, dated June 11, 2007, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until March 14, 2008, and the respondent's brief must be served and filed on or before that date.

FISHER, J.P., MILLER, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court