Appellate Division: Second Judicial Department

M74316

E/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2008-00744, 2008-01301 In the Matter of Anthony Serpico, Sr., deceased. Debra Serpico, respondent; Jon Serpico, appellant. (File No. 287/04)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from a decision of the Surrogate's Court, Richmond County, dated December 27, 2007, and an order of the same court dated January 29, 2008, inter alia, to strike the record on appeal as inadequate or to strike portions of the record on the ground that it contains material 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 record on appeal as inadequate or to strike portion sof the record on the ground that it contains material dehors the record is granted to the extent that (1) on or before August 25, 2008, the appellant shall serve and file a supplemental record containing the complete reply affirmation of John Z. Marangos dated December 8, 2007, and the respondent's reply affidavit dated December 10, 2007, and (2) pages 527 through 531 of the record on appeal are stricken and on or before August 25, 2008, the appellant shall remove those pages from the copies of the record on appeal filed with the Clerk of the court, 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 and the respondent's time to serve and file a brief is enlarged until September 24, 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.

SANTUCCI, J.P., MILLER, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court