| Matter of Schwarzenberger, deceased |
| Motion No: 2010-06748 |
| Slip Opinion No: 2011 NY Slip Op 85166(U) |
| Decided on September 28, 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. |
Appellate Division: Second Judicial Department
M126437
E/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
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2010-06748, 2010-06749 In the Matter of Ira Schwarzenberger, deceased. Helene Schwarzenberger, appellant; Marsha Matthews, etc., et al., respondents. (File No. 6027/91)
| DECISION & ORDER ON MOTION |
Motion by the respondent Marsha Matthews to strike stated portions of the appellant's appendix on appeals from two orders of the Surrogate's Court, Kings County, dated November 28, 2007, and March 30, 2010, on the ground that it contains matter dehors the record, and to enlarge the respondents' time to serve and file their briefs.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is to strike the appellant's appendix is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file their briefs is granted, the respondents' time to serve and file their briefs is enlarged until October 27, 2011, and the respondents' briefs, if any, must be served and filed on or before that date.
ANGIOLILLO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court