Appellate Division: Second Judicial Department

M125612

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-00792, 2010-00846, 2011-03117 In the Matter of Oleg Cassini, deceased. Marianne Nestor Cassini, appellant; Christina Cassini, respondent. (File No. 343/00)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to refer to the record on appeals from two orders of the Surrogate's Court, Nassau County, dated September 18, 2009, and December 4, 2009, respectively (Appellate Division Docket Nos. 2010-00792 and 2010-00846), in the briefs filed in connection with an appeal from an order of the same court dated February 18, 2011 (Appellate Division Docket No. 2011-03117), and to calendar the appeals together. Separate motion by the appellant, inter alia, for leave to correct the CPLR 5531 statement contained in the record on the appeals from the orders dated September 18, 2009, and December 4, 2009, for leave to supplement the record on those appeals to include a stamped litigation back for the Verified Claim filed with the Surrogate's Court, Nassau County, and an affidavit of service and supplemental affidavit of service of the Verified Claim and to calendar the appeals together.

Upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that the branch of the first motion which is for leave to refer to the record on appeals from the orders dated September 18, 2009, and December 4, 2009, in the briefs filed in connection with the appeal from the order dated February 18, 2011, is granted; and it is further,

ORDERED that the branches of the second motion which are for leave to correct the CPLR 5531 statement and for leave to supplement the record are granted and on or before September 28, 2011, the appellant shall correct the CPLR 5531 statement contained in the copies of the record on appeal filed in connection with the appeals from the orders dated September 18, 2009, and December 4, 2009, and serve and file a supplemental record in connection with those appeals containing the stamped litigation back for the Verified Claim and the affidavit of service and supplemental affidavit of service of the Verified Claim; and it is further,

ORDERED that the branches of the motions which are to calendar the appeals together are granted, and the appeals will be argued or submitted on the same day; and it is further,

ORDERED that the motions are otherwise denied.

RIVERA, J.P., FLORIO, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court