Appellate Division: Second Judicial Department

M169562

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2013-10891 In the Matter of Lillian Allen, deceased. Robert Pincus, appellant-respondent; Helen Wells, respondent-appellant; Public Administrator of Kings County, et al., respondents. (File No. 3229/03)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to enlarge the time to prefect her cross appeal from a decree of the Surrogate's Court, Kings County, dated September 25, 2013, and for leave to file a supplemental record.

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 for leave to serve and file a supplemental record is granted to the extent that the respondent-appellant may serve and file a supplemental record that contains her notice of cross appeal, her "response to petition," dated October 14, 2012, and her affirmation in support of payment for services dated December 14, 2012,

and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the cross appeal is granted, the respondent-appellant's time to serve and file her answering brief including her points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), and a supplemental record, is enlarged until April 11, 2014, and the respondent-appellant's brief and supplemental record shall be served or filed on or before that date, on condition that at the time she files her supplemental record and brief the respondent-appellant provides proof that she has paid for her share of the cost of the record on appeal previously filed.

SKELOS, J.P., HALL, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court