Appellate Division: Second Judicial Department

M70731

E/sl

HOWARD MILLER, J.P.

MARK C. DILLON

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2008-02171 In the Matter of Mary Balsamo, deceased. Rose Bonacci, respondent; F. Paul Balsamo, appellant. (File No. 768/06)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Surrogate's Court, Richmond County, dated February 28, 2008, on the ground that the record on appeal is inadequate, or to direct the appellant to serve and file a supplemental record and to enlarge her 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 appellant to serve and file a supplemental record is granted to the extent that on or before June 10, 2008, the appellant shall serve and file a supplemental record containing the papers filed in connection with the motion for reargument (notice of motion and affirmation of Howard M. File dated December 18, 2007, affirmation of Anthony S. Dana dated January 23, 2008, and reply affirmation of Howard M. File dated January 29, 2008) and the missing page (page 2) of the affidavit of Rose Bonacci dated October 19, 2007, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until July 10, 2008, and the respondent's 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, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court