Appellate Division: Second Judicial Department

M71089

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

HOWARD MILLER

MARK C. DILLON, JJ.

2007-02397 In the Matter of Eleanor F. Goliger, deceased. Donna M. Goliger, petitioner-respondent; David Goliger, respondent-respondent; Anne F. Pizzo, etc., nonparty-appellant. (File No. 324194)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant on an appeal from an order of the Surrogate's Court, Nassau County, dated February 1, 2007, (1) for leave to withdraw her brief and file a replacement brief, (2) to strike the respondent-respondent's brief, for leave to the respondent-respondent to serve and file a replacement brief, and to direct the nonparty-appellant to pay for the cost of printing the respondent-respondent's brief, and (3) to supplement the nonparty-appellant's appendix with certain material.

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 for leave to withdraw the nonparty-appellant's brief and file a replacement brief is granted, the nonparty-appellant's brief is marked withdrawn, and on or before June 12, 2008, the nonparty-appellant shall serve and file a replacement brief; and it is further,

ORDERED that the branch of the motion which is to strike the respondent-respondent's brief, for leave to the respondent-respondent to serve and file a replacement brief, and to direct the nonparty-appellant to pay for the costs of preparing the respondent-respondent's brief is granted, the respondent-respondent's brief is stricken, and on or before July 14, 2008, the respondent-respondent shall serve and file a replacement brief; and it is further,

ORDERED that the respondent-respondent will advise the nonparty-appellant of the cost of printing the respondent-respondent's brief that was previously filed and the appellant shall pay this cost within two weeks after receiving notice from the respondent-respondent; and it is further,

ORDERED that the branch of the motion which is to supplement the nonparty-appellant's appendix with certain material is denied as unnecessary as the material in question is contained in the respondent-respondent's appendix.

RIVERA, J.P., RITTER, MILLER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court