| Matter of Kornicki, deceased |
| Motion No: 2010-11458 |
| Slip Opinion No: 2012 NY Slip Op 61495(U) |
| Decided on January 18, 2012 |
| 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
M131782
E/sl
ANITA R. FLORIO, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
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2010-11458 In the Matter of Manny Kornicki, also known as Manes Kornicki, deceased. Terry Kornicki, et al., appellants; Marian G. Kornicki, et al., respondents. (File No. 342334)
| DECISION & ORDER ON MOTION |
Motion by the appellant Marshall Kaminer pro se on appeals from a decree of the Surrogate's Court, Nassau County, dated October 18, 2010, to enlarge the record to include certain documents, and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of his joint appendix.
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 enlarge the record is denied; and it is further,
ORDERED that on the Court's own motion, the following pages of the appellant Marshall Kaminer's joint appendix are stricken and on or before February 17, 2012, the appellant Marshall Kaminer shall remove those pages from the copies of the joint appendix filed with the Clerk of the Court or serve and file a replacement joint appendix that does not contain the stricken material: 59 through 67A, 88 through 91, 249 through 251, 258 through 268, 317 through 319, 361 through 363, 385 through 400, 403 through 418, 435 through 440, 549 through 554, 800 through 830, 835 through 863, 866 through 867, 870 through 871B, 878 through 888, 894 through 899, 937 through 942, 948 through 966, 974 through 975, and 990 through 993; and it is further,
ORDERED that on the Court's own motion, the appellant Marshall Kaminer's brief is stricken and on or before February 17, 2012, the appellant Marshall Kaminer shall serve and file a replacement that does not refer to material dehors the record; and it is further,
ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of his joint appendix is granted on condition that the appellant Marshall Kaminer remove the stricken material or serve and file the replacement joint appendix.
FLORIO, J.P., CHAMBERS, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court