Appellate Division: Second Judicial Department

M75183

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2008-04737 In the Matter of Sydna Kelligrew, a/k/a Sydna Marcus Kelligrew, deceased. John Kelligrew, respondent; Alicea Kelligrew, et al., appellants. (File No. 2186/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a decree of the Surrogate's Court, Westchester County, dated April 21, 2008, in effect, for leave to serve and file a supplemental record containing certain documents.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are for leave to serve and file a supplemental record containing copies of five orders of the Surrogate's Court, Westchester County, dated November 29, 2004, March 22, 2006, August 31, 2006 (two orders), and September 11, 2007, respectively, is granted and on or before October 9, 2008, the respondent shall serve and file a supplemental record containing those documents; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the court's own motion, footnote five on page 12 of the respondent's brief is stricken on the ground that it refers to material which is dehors the record, and on or before October 9, 2008, the respondent shall delete or remove that footnote from the copies of his brief filed with the Clerk of the court.

RITTER, J.P., SANTUCCI, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court