Appellate Division: Second Judicial Department

M82192

E/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

FRED T. SANTUCCI

THOMAS A. DICKERSON, JJ.

2008-01938 In the Matter of Paula M. Venezia, deceased. Joanne Zaccaria, appellant; Edward H. Pennington, III, respondent. (File No. 2100/03)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief and appendix on an appeal from an order of the Surrogate's Court, Kings County, dated October 16, 2007, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the respondent's appendix, for leave to appear by telephone at oral argument, and to stay all proceedings "up to six months upon appeal decision."

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 enlarge the respondent's time to serve and file a brief and appendix is granted and the respondent's time to serve and file a brief and appendix is enlarged until February 23, 2009, and the respondent's brief and appendix must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the respondent's appendix is held in abeyance pending service and filing of the respondent's brief and any additional volumes of the respondent's appendix; the appellant may file additional papers in opposition or relation to this branch of the motion on or before March 9, 2009, in the event that the respondent files additional volumes of his appendix; and it is further,

ORDERED that the branches of the motion which are for leave to appear by telephone at oral argument and to stay all proceedings are denied.

PRUDENTI, P.J., RIVERA, SANTUCCI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court