Appellate Division: Second Judicial Department

M128022

S/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2011-01802 In the Matter of Jacob H. Rottkamp, deceased. Carmen Rottkamp, respondent; Janis Rottkamp, appellant. (File No. 793/08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a decree of the Surrogate's Court, Suffolk County, dated July 7, 2009, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Separate motion by the appellant pro se to direct the law firm of Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP, to provide her with certain documents. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motions and the application and no papers having been filed in opposition to the motions and upon the papers filed in opposition to the application, it is

ORDERED that the motion to waive the requirements of 22 NYCRR 670.10.2(f) is denied with leave to renew when the appeal is perfected; and it is further,

ORDERED that the motion to direct the law firm of Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP, to provide the appellant with certain documents is dismissed as the motion was not served on the law firm of Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 28, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RIVERA, J.P., ENG, BELEN and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court