| Matter of Tarlow, deceased |
| Motion No: 2012-02945 |
| Slip Opinion No: 2013 NY Slip Op 65518(U) |
| Decided on February 25, 2013 |
| 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
M151076
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
THOMAS A. DICKERSON, JJ.
|
2012-02945 In the Matter of Rachel Tarlow, deceased. Charles Tarlow, respondent; Theodore Tarlow, appellant. (File No. 1415/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Surrogate's Court, Kings County, dated October 11, 2011, on the ground that the appellant is not aggrieved or on the ground that the record on appeal is inadequate, or, in the alternative, to direct the appellant to serve and file a supplemental record, and for leave to serve and file a supplemental brief. Cross motion by the appellant, inter alia, for leave to serve and file a supplemental record 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 branch of the motion which is to direct the appellant to serve and file a supplemental record containing the papers appended to the cross motion papers as Exhibits E2 through E6 and the branch of the cross motion which is for leave to serve and file a supplemental record containing those exhibits are granted, and on or before March 22, 2013, the appellant shall serve and file a supplemental record containing those exhibits; and it is further,
ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief is granted to the extent that on or before April 22, 2013, the respondent shall serve and file a replacement brief, if he be so advised; 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, the appellant's time to serve and file a reply brief is enlarged until May 10, 2013, and the reply brief must be served and filed on or before that date; and it is further,
ORDERED that the motion and the cross motion are otherwise denied.
DILLON, J.P., ANGIOLILLO, BALKIN and DICKERSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court