Appellate Division: Second Judicial Department

M103038

E/sl

STEVEN W. FISHER, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2009-08906, 2009-010685 In the Matter of Ana Beatriz Marin, deceased. Debra A. Marin, appellant; Carla Marin, et al., respondents. (File No. 207/07)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to strike the appellant's appendix on an appeal from an order of the Surrogate's Court, Putnam County, dated August 24, 2009, as inadequate 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 branch of the motion which is to strike the appellant's appendix is denied on condition that on or before June 17, 2010, the appellant serve and file a supplemental appendix containing the following documents:

(1) affirmation of Stuart Dweck, dated March 6, 2009;

(2) affidavit of Carla Martin dated March 6, 2009;

(3) affidavit of Philip Marin dated March 6, 2009;

(4) affirmation of George Delany, dated March 6, 2009;

(5) reply affirmation of Stuart Dweck, dated March 20, 2009; and

(5) reply affirmation of George Delany, dated March 20, 2009; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until July 19, 2010, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

FISHER, J.P., HALL, AUSTIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court