Appellate Division: Second Judicial Department

M73011

E/sl

STEVEN W. FISHER, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2007-05283 In the Matter of John Morris, a/k/a John F. Morris, deceased. Grace Nwachukwu, etc., appellant; Gerard A. Cabrera, etc., respondent. (File No. 4202/04)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a decree of the Surrogate's Court, Kings County, dated May 7, 2007, to strike the appellant's appendix as inadequate, to strike pages A17 through A20 of the appellant's appendix on the ground that they contain matter dehors the record, to strike the appellant's brief or the ground that it refers to matter dehors the record, and to enlarge the 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 strike the appellant's appendix as inadequate is granted to the extent that on or before August 11, 2008, the appellant shall serve and file a supplemental appendix containing copies of the final account of the public administrator, the public administrator's petition for judicial settlement of the final account and any exhibits annexed thereto, a legible copy of the decree dated May 7, 2007, and the first report and affirmation of legal services filed by the appellant in the Surrogate's Court, Kings County, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to strike pages A17 through A20 of the appellant's appendix is granted, pages A17 through A20 of the appellant's appendix are stricken, and on or before August 11, 2008, the appellant shall delete or remove those pages from the copies of the appellant's appendix filed with the Clerk of the court; and it is further,

ORDERED that the branch of the motion which is to strike the appellant's brief is granted, and that on or before August 11, 2008, the appellant shall serve and file replacement brief that does not refer to pages A17 through A20 of the appellant's appendix, and the proceedings in the CAMP conference; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until September 10, 2008, and the respondent's brief must be served and filed on or before that date.

FISHER, J.P., LIFSON, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court