Appellate Division: Second Judicial Department

M161088

E/sl

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2013-00642 In the Matter of Jo D. Talbot, deceased. Karen Cullin, appellant; James Speiss, etc., respondent. (File No. 215/06)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a decree of the Surrogate's Court, Suffolk County, dated November 1, 2012, in effect, on the ground that the appellant failed to properly settle the transcript and that the appellant's appendix is inadequate, or, in the alternative, to enlarge the time to serve and file a brief.

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 dismiss the appeal is denied on condition that on or before October 10, 2013, the appellant settle the transcript (see CPLR 5525) and serve and file a supplemental appellant's appendix containing relevant portions of the transcript (see 22 NYCRR 670.10.2[c]); and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until November 12, 2013, and the respondent's brief must be served and filed on or before that date.

LEVENTHAL, J.P., HALL, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court