Matter of Cassini, deceased
Motion No: 2011-03117
Slip Opinion No: 2011 NY Slip Op 89945(U)
Decided on November 17, 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

M128932

S/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2011-03117

In the Matter of Oleg Cassini, deceased.

Marianne Nestor Cassini, appellant;

Christina Cassini, respondent.

(File No. 343/00)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated October 28, 2011, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the respondent on an appeal from an order of the Surrogate's Court, Nassau County, dated February 18, 2011, for this Court to take judicial notice of certain foreign statutes and case law. Separate motions by the respondent to admit Valerie M. Goo and Karen G. Johnson-McKewan, pro hac vice to represent the respondent on the appeal. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the respondent's motion to take judicial notice of certain foreign statutes and case law and the papers filed in opposition or in relation thereto, and upon the papers filed in support of the respondent's motions to admit attorneys pro hac vice and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the respondent's motion for this Court to take judicial notice of certain foreign statutes and case law is referred to the bench hearing the appeal for determination upon the argument or submission of the appeal; and it is further,

ORDERED that the respondent's motions to admit Valerie M. Goo and Karen G. Johnson-McKewan, pro hac vice are granted; and it is further,

ORDERED that the application is granted to the extent that the appellant's time to serve and file a reply brief is enlarged until November 9, 2011, and the reply brief shall be served and filed on or before that date, and the application is otherwise denied.

ANGIOLILLO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court