Appellate Division: Second Judicial Department

M204301

E/sl

THOMAS A. DICKERSON, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

BETSY BARROS, JJ.

2015-06800 In the Matter of Peter Keehn, deceased. Peter Keehn II, petitioner-appellant; Linda Steinmann, et al., respondents-respondents. (File No. 3314/13)

DECISION & ORDER ON MOTION

Motion by the petitioner-appellant pro se on an appeal from an order of the Surrogate's Court, Suffolk County, dated March 31, 2015, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Separate motion by the respondent-respondent Linda Steinmann to strike the record and the petitioner-appellant's brief on the grounds that they contain or refer to matter dehors the record, that the record is inadequate, and that the brief improperly raises arguments concerning an order that is not the subject of this appeal. Separate motion by the respondent-respondent Robert H. Harper to dismiss the appeal on the grounds that the record and the petitioner-appellant's brief contain or refer to matter dehors the record, that the record is inadequate, and that the brief improperly raises arguments concerning an order that is not the subject of this appeal. Separate applications by the respondent-respondent Linda Steinmann and the respondent-respondent Robert H. Harper pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs.

Upon the papers filed in support of the motion by the petitioner-appellant and the papers filed in opposition thereto, upon the papers filed in support of the motions by the respondent-respondent Linda Steinmann and the respondent-respondent Robert H. Harper and no papers having been filed in opposition thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the respondent-respondent Linda Steinmann is granted and the motion by the respondent-respondent Robert H. Harper is granted to the extent that the record and the petitioner-appellant's brief are stricken and that motion is otherwise denied; and it is further,

ORDERED that on or before February 8, 2016, the petitioner-appellant shall serve and file a replacement record that omits material dehors the record and contains all material filed in connection with the motions to dismiss that were determined by the order dated March 31, 2015, and a replacement brief that does not refer to matter dehors the record and raises issues pertaining only to the orders appealed from; and it is further,

ORDERED that the motion by the petitioner-appellant is denied with leave to renew with the service and filing of the replacement record and brief; and it is further,

ORDERED that the applications are granted, the time of the respondents-respondents Linda Steinmann and Robert H. Harper to serve and file their respective briefs is enlarged until March 9, 2016, and the respondents-respondents' respective briefs must be served and filed on or before that date.

DICKERSON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court