Appellate Division: Second Judicial Department

M75095

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-11160 In the Matter of Max Geshwind, deceased. David M. Geshwind, appellant; Frank B. Geshwind, et al., respondents. (File No. 328200)

DECISION & ORDER ON MOTION

Motion by the respondent Frank B. Geshwind to strike the record on an appeal from a judgment of the Surrogate's Court, Nassau County, dated October 29, 2007, on the ground that it is inadequate or to enlarge the respondents' 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 is granted to the extent that on or before September 29, 2008, the appellant shall serve and file a supplemental record containing the following documents, and that branch of the motion is otherwise denied:

(1) page 23 of the transcript of the guardianship proceedings on July 11, 2002;

(2) answer of Frank B. Geshwind verified February 19, 2007;

(3) answer of Barbara Geshwind verified February 19, 2007;

(4) answer of Frances Keown verified February 19, 2007;

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 respondents' time to serve and file their briefs is enlarged until October 29, 2008, and the respondents' briefs must be served and filed on or before that date.

MASTRO, J.P., SKELOS, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court