Appellate Division: Second Judicial Department

M94424

E/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2009-04355 In the Matter of John Pardi, deceased. Bank of America, N.A., petitioner; Richard J. Pardi, respondent-appellant; Frederick M. Pardi, et al., respondents- respondents. (File No. 174034)

DECISION & ORDER ON MOTION

Motion by the respondents-respondents on an appeal from an order of the Surrogate's Court, Nassau County, dated March 31, 2009, to strike the record on appeal and brief on the ground that they contain or refer to matter dehors the record, to direct the respondent-appellant to file a replacement record, and to enlarge the 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 branches of the motion which are to strike the record on appeal and the respondent-appellant's brief on the ground that they contain or refer to matter dehors the record and to direct the respondent-appellant to file a replacement record are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents-respondents' time to serve and file a brief is granted, the time to serve and file a brief is enlarged until December 16, 2009, and the respondents-respondents' brief must be served and filed on or before that date.

FISHER, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court