Appellate Division: Second Judicial Department

M69360

E/sl

HOWARD MILLER, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-02797 In the Matter of Antonia Deutsch, deceased. Yitu Rochlitz, et al., respondents; Leah Spira, et al., appellants. (File Nos. 2278/05, 2279/05)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Surrogate's Court, Kings County, dated February 13, 2007, on the ground that the record on appeal is inadequate, or to direct the appellants to serve and file a supplemental record and to enlarge their 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 to direct the appellants to serve and file a supplemental record is denied without prejudice to the respondents filing a supplemental record containing the material listed in paragraph 9 of the affirmation of Darren Oved dated March 20, 2008, on or before May 22, 2008, if they be so advised; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until May 22, 2008, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., DILLON, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court