Appellate Division: Second Judicial Department

M139244

E/sl

WILLIAM F. MASTRO, A.P.J.

RANDALL T. ENG

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-10910 In the Matter of Judith N. Doman, deceased. Cynthia Schneider, et al., respondents-appellants; Alexander Doman, appellant-respondent. (File No. 1029/06)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to enlarge the record on an appeal and cross appeal from a decree of the Surrogate's Court, Suffolk County, dated October 3, 2011, to include a certain letter and attachments. Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until October 1, 2012, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

MASTRO, A.P.J., ENG, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court