Appellate Division: Second Judicial Department

M140503

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2011-03624, 2011-03625 In the Matter of Vera Ranaldo, deceased. Virginia Zucker, appellant; Diane Ranaldo, respondent. (Matter No. 1) In the Matter of Diane Ranaldo, etc., respondent, v Virginia Zucker, appellant. (Matter No. 2) (File Nos. 343358, 348679)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the appendix and the appellant's brief on appeals from two decrees of the Surrogate's Court, Nassau County, dated February 17, 2011, and March 7, 2011, respectively, on the ground that they contain or refer to matter dehors the record. Cross motion by the appellant to enlarge the record to include a certain letter dated November 7, 2005, and to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion and the branch of the cross motion which is to enlarge the record are 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 cross motion which is to enlarge the time to serve and file a reply brief is granted and the reply brief shall be served and filed on or before July 23, 2012.

DILLON, J.P., ANGIOLILLO, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court