Appellate Division: Second Judicial Department

M67808

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY

JOHN M. LEVENTHAL, JJ.

2007-08246 In the Matter of Thyais Gist, petitioner, v Gerald Mulligan, etc., et al., respondents. (Index No. 06-7683)

DECISION & ORDER ON MOTION

Motion by the petitioner in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, entered August 3, 2007, inter alia, to strike from the original papers an affidavit of Laurie Carman and a "visitor's log" and "trust log."

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

ORDERED that the branch of the motion which is to strike the affidavit, "visitor's log," and "trust log" from the original is denied without prejudice to seeking this relief in the Supreme Court, Westchester County; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the court's own motion, the petitioner's time to perfect the proceeding is enlarged until May 2, 2008, and the petitioner's record or appendix and brief must be served and filed on or before that date.

SKELOS, J.P., ANGIOLILLO, McCARTHY and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court