Appellate Division: Second Judicial Department

M179013

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2014-02896 In the Matter of Palma Bonora, deceased. Bruce L. Stein, etc., intervenor-objectant- appellant; Gary D. Gotlin, etc., respondent- respondent. (File No. 1173/13)

DECISION & ORDER ON MOTION

Motion by the intervenor-objectant-appellant to stay compliance with a judicial subpoena duces tecum dated July 22, 2014, for the testimony of Ronald Cerrachio, pending hearing and determination of an appeal from an order of the Surrogate's Court, Richmond County, dated March 20, 2014. Separate motion by the respondent-respondent, inter alia, to strike the record as inadequate or to direct the intervenor-objectant-appellant to file a supplemental record, and to enlarge the time to serve and file a brief.

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

ORDERED that the intervenor-objectant-appellant's motion is granted in light of the decision and order on motion of this Court dated May 8, 2014, which, inter alia, stayed all proceedings in the above-entitled matter; and it is further,

ORDERED that the branch of the respondent-respondent's motion which is to enlarge the time to serve and file a brief is denied as unnecessary, as the respondent-respondent's brief was timely filed; and it is further,

ORDERED that the respondent-respondent's motion is otherwise denied.

RIVERA, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court