Appellate Division: Second Judicial Department

M176165

T/sl

THOMAS A. DICKERSON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2013-07397 Executor of New York Estate of Celia Kates, et al., appellants, v James G. Pressly, Jr., etc., et al., respondents. (Index No. 9928/10)

DECISION & ORDER ON MOTION

Renewed motion by the appellants pro se on an appeal from an order of the Supreme Court, Queens County, dated April 18, 2013, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellants' appendix and supplemental appendix. Cross motion by the respondents to dismiss the appeal on the ground that the order dated April 18, 2013, in effect, denies a motion for leave to reargue, or, in the alternative, to strike stated portions of the appendix on the ground that they are not "necessary to permit the Court to fully consider the issues."

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and the papers filed in support of the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof, and the cross motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is enlarged until July 21, 2014, and the respondents' brief must be served and filed on or before that date.

DICKERSON, J.P., LEVENTHAL, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court