| Matter of Coleman, deceased |
| Motion No: 2009-02507 |
| Slip Opinion No: 2009 NY Slip Op 73718(U) |
| Decided on May 29, 2009 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M87103
E/sl
STEVEN W. FISHER, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2009-02507 In the Matter of Edna Coleman, a/k/a Edna Elizabeth Colemen, deceased. Leo Beitner, nonparty-appellant. (File No. 534/06)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant on an appeal from an order of the Surrogate's Court, Kings County, dated December 4, 2008, to enlarge the record to include certain documents, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the record to include the following is granted: (1) an order of the Surrogate's Court, Kings County, dated December 16, 2008, in a matter entitled Matter of Cavanaugh, (2) a letter from the nonparty-appellant to Diana A. Johnson dated March 7, 2008, (3) a letter from the nonparty-appellant to Diana A. Johnson dated July 7, 2008, (4) a letter from Ronald Rossi to the nonparty-appellant dated July 8, 2008, (5) a letter from Ronald Rossi to the nonparty-appellant dated July 22, 2008, (6) a letter from George D. Marlow to Diana A. Johnson dated July 18, 2008, with attached Opinion 08-91, and (7) Opinion 08-91; and it is further,
ORDERED that the branch of the motion which is to enlarge the record to include the following concerning the above-entitled proceeding is denied as unnecessary: (1) the order dated December 4, 2008, (2) notice of motion dated July 8, 2008, affidavit of Seth Rubenstein dated July 8, 2008, notice of cross motion dated July 15, 2008, affidavit of M. Douglas Haywoode dated July 15, 2008, and affirmation of Nora S. Anderson, and (3) transcript of the proceedings on September 4, 2008; and it is further,
ORDERED that the branch of the motion which is to enlarge the record to include the affidavit of the nonparty-appellant dated March 16, 2009, is denied; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted and the appeal will be calendared after all the briefs have been filed.
FISHER, J.P., MILLER, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court