| Schimoler v Newman, as executor of the estate of Kelber |
| Motion No: 2017-01304 |
| Slip Opinion No: 2017 NY Slip Op 91143(U) |
| Decided on November 1, 2017 |
| 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. |
Appellate Division: Second Judicial Department
M240578
E/ct
MARK C. DILLON, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2017-01304 William F. Schimoler, et al., appellants, v Phyllis Newman, as executor of the estate of Harry Kelber, et al., respondents, et al., defendants. (Action No. 1) Phyllis Newman, as executor of the estate of Harry Kelber, et al., respondents, v William F. Schimoler, et al., appellants. (Action No. 2) (File Nos. 2269E/13, 2269D/13)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the record on an appeal from an order of the Surrogate's Court, Kings County, dated December 22, 2016, to include the transcript of oral argument of the motions that resulted in the order dated December 22, 2016, and to enlarge the time to serve and file a brief. Cross motion by the appellants, inter alia, to strike the respondents' brief.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the respondents' motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until November 13, 2017, and the respondents' brief shall be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied as premature.
DILLON, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court