Appellate Division: Second Judicial Department

M106930

E/sl

JOSEPH COVELLO, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2010-04522 In the Matter of Debra Eirand-Herskowitz, petitioner-respondent, v Mt. Carmel Cemetery Association, respondent, Jean Herskowitz, et al., appellants. (Index No. 12952/09)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent on an appeal from an order of the Supreme Court, Queens County, dated April 23, 2010, inter alia, (1) to vacate a stay of enforcement of the order and an injunction enjoining the petitioner-respondent, or anyone acting on her behalf, including the Mt. Carmel Cemetery Association, from taking any action to disinter the remains of Jamie Herskowitz, pending hearing and determination of the appeal, which was granted by decision and order on motion dated May 19, 2010, (2) to strike certain pages of the record and for leave to file a supplemental record, (3) for a preference in the calendaring of the appeal, and (4) 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 for leave to file a supplemental record is granted to the extent that on or before September 13, 2010, the petitioner-respondent may file a supplemental record containing the post trial memoranda of law submitted by the parties on March 10, 2010, as well as the memorandum of law dated May 13, 2009, and, if she be so advised, the letter of the respondent's attorney dated March 16, 2010; and it is further,

ORDERED that the branch of the motion which is to enlarge time is granted, the petitioner-respondent's time to serve and file a brief is enlarged until September 13, 2010, and the petitioner-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

COVELLO, J.P., MILLER, DICKERSON and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court