Appellate Division: Second Judicial Department

M134467

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2011-07785 In the Matter of Talbot, deceased. Karen Cullin, appellant; Robert J. Sweeney, et al., respondents. (File No. 215/06)

DECISION & ORDER ON MOTION

Motion by the respondent Robert J. Sweeney to dismiss an appeal from an order of the Surrogate's Court, Suffolk County, dated July 12, 2011, on the ground that the record on appeal is inadequate, or, in effect, to direct the appellant to file a supplemental record on appeal. Separate motion by the respondent Deirdre Devlin Zube to dismiss the appeal on the ground that the record on appeal is inadequate, or, in effect, to direct the appellant to file a supplemental record on appeal. Separate motion by the respondents Brian J. Sweeney, Patick Sweeney, Joseph Sweeney III, Sean Sweeney, and Michael Sweeney, to dismiss the appeal on the grounds that the appellant failed to serve them with the record on appeal and the appellant's brief, and that the record on appeal is inadequate, or, in effect, to direct the appellant to file a supplemental record on appeal and to enlarge the time to serve and file a brief. Separate applications by the respondent Robert J. Sweeney, the respondent Deirdre Devlin Zube and the respondents Brian J. Sweeney, Patick Sweeney, Joseph Sweeney III, Sean Sweeney, and Michael Sweeney pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs.

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

ORDERED that the branches of the motions which are, in effect, to direct the appellant to file a supplemental record on appeal are granted, and on or before March 30, 2012, the appellant shall serve and file a supplemental record on appeal containing the following material:

(1) transcript of a stipulation of settlement dated March 21, 2007;

(2) decree of the Surrogate's Court, Suffolk County, dated May 7, 2007, entered in the above-entitled matter;

(3) will dated December 14, 2005;

(4) affirmation of Mitchell M. Shapiro dated November 7, 2006;

(5) letter from Michael V. Devine dated September 26, 2005;

(6) letter from Michael V. Devine dated January 25, 2006;

(7) death certificate of the decedent Dated December 20, 2005;

(8) Unites States Estate Tax Return dated January 25, 2008;

(9) order of the Supreme Court, Suffolk County, dated July 25, 2006;

(10) letter dated August 21, 2005; and

(11) Exhibits A, D, E, and F annexed to the opposition papers of the respondent Robert J. Sweeney; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief and the applications for that relief are granted, the respondents' time to serve and file their briefs is enlarged until April 30, 2012, and the respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that the motions are otherwise denied.

SKELOS, J.P., ENG, LEVENTHAL and BELEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court