Appellate Division: Second Judicial Department

M166776

E/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2013-08047 In the Matter of Stanley Acker, deceased. Karen Acker, et al., appellants; Arlene Acker, respondent. (File No. 603/09)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Surrogate's Court, Rockland County, dated July 10, 2013, on the ground that the record on appeal is inadequate, to direct the appellants to serve and fill a supplemental record, or for the Court to take judicial notice of certain documents. Cross motion by the appellants to impose a sanction upon the respondent and for an award of costs and an attorney's fee.

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 direct the appellants to serve and file a supplemental record containing the affirmation of Donald J. Farinacci dated November 1, 2012, and the supplemental affirmation of Donald J. Farinacci dated November 27, 2012, with attached exhibits, annexed to the respondent's motion papers as Exhibits J and K is granted, and on or before January 6, 2014, the appellants shall serve and file a supplemental record containing that material; and it is further,

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

ORDERED that the cross motion is denied.

SKELOS, J.P., BALKIN, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court