Appellate Division: Second Judicial Department

M175552

E/sl

PETER B. SKELOS, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2013-08800 In the Matter of Jo D. Talbot, deceased. Karen Cullin, petitioner-appellant; Stephen R. Angel, etc., respondent-respon (File No. 215/06)

DECISION & ORDER ON MOTION dent.

Motion by the respondent-respondent to dismiss an appeal from a decree of the Surrogate's Court, Suffolk County, entered June 24, 2013, on the ground that the petitioner-appellant's appendix is inadequate, or, in the alternative, to enlarge the time to serve and file a brief, and to impose a sanction upon the petitioner-appellant.

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 July 14, 2014, the petitioner-appellant serve and file a supplemental appendix containing the "statement of issues" dated October 18, 2012, as well as the entire transcript of the hearing which occurred on December 17, 2012; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent-respondent's time to serve and file a brief is enlarged until August 13, 2014, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., CHAMBERS, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court