Matter of Keehn, deceased
Motion No: 2015-06800
Slip Opinion No: 2016 NY Slip Op 68683(U)
Decided on March 28, 2016
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M208752

E/ct

L. PRISCILLA HALL, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, 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, for poor person relief, including leave to prosecute the appeal on the original papers, and for the assignment of counsel.

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 prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, so much of a decision and order on motion of this Court dated January 7, 2016, as directed the petitioner-appellant to serve and file a replacement record is recalled and vacated; and it is further,

ORDERED that on the Court's own motion, the petitioner-appellant's time to cause the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]), and to serve and file a replacement brief that does not refer to matter dehors the record and raises issues pertaining only to the orders appealed from, as directed by the decision and order on motion of this Court dated January 7, 2016, is extended until May 9, 2016; and it is further,

ORDERED that on the Court's own motion, the time of the respondents-respondents Linda Steinmann and Robert H. Harper to serve and file their respective briefs is enlarged until June 8, 2016, and the respondents-respondents' respective briefs, if any, must be served and filed on or before that date.

HALL, J.P., COHEN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court