Matter of McAlpine, deceased
Motion No: 2010-07752
Slip Opinion No: 2011 NY Slip Op 65813(U)
Decided on March 3, 2011
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M116413

E/sl

JOSEPH COVELLO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2010-07752

In the Matter of Peter B. McAlpine, also

known as Peter Bowes McAlpine, deceased.

Alissa Russo, respondent; Peter McAlpine,

et al., appellants.

(File No. 335489)

DECISION & ORDER ON MOTION

Motion by the appellants pro se on an appeal from an order of the Surrogate's Court, Nassau County, dated June 30, 2010, inter alia, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

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 waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is granted on condition that on or before March 18, 2011, the appellants remove pages 381 through 414 from the copies of the record on appeal filed with the Clerk of the Court; and it is further,

ORDERED that the motion is otherwise denied.

COVELLO, J.P., DICKERSON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court