Appellate Division: Second Judicial Department

M83536

E/sl

A. GAIL PRUDENTI, P.J.

PETER B. SKELOS

FRED T. SANTUCCI

THOMAS A. DICKERSON, JJ.

2008-10246 In the Matter of Hattie G. Martin, deceased. Miladin Dobric, appellant; David J. Baron, respondent. (File No. 1070/08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Surrogate's Court, Queens County, dated October 29, 2008, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix, and to enlarge the record. Cross motion by the respondent to dismiss the appeal, in effect, on the ground that the appellant's appendix is inadequate, in the alternative, to vacate a stay imposed by a decision and order on motion of this court dated December 3, 2008. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and upon the application, it is

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix is granted; and it is further,

ORDERED that the branch of the motion which is to enlarge the record is denied; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal, in effect, on the ground that the appellant's appendix is inadequate is granted unless on or before April 15, 2009, the appellant files with the Clerk of this court the exhibits marked and received into evidence by the Surrogate's Court, Queens County; and it is further,

ORDERED that the branch of the cross motion which is to vacate a stay imposed by a decision and order on motion of this court dated December 3, 2008, is granted unless on or before April 15, 2009, the appellant pays the arrears for unpaid maintenance for the subject cooperative apartment and file proof of payment with the court, and continue to pay maintenance for the subject cooperative apartment pending hearing and determination of the appeal; and it is further,

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 15, 2009, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court