Matter of Davis, also known as Davidson, deceased
Motion No: 2016-10892
Slip Opinion No: 2017 NY Slip Op 94043(U)
Decided on December 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M241230

E/ct

SHERI S. ROMAN, J.P.

JOSEPH J. MALTESE

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-10892

In the Matter of Martin Davis, also known

as Morton Davidson, deceased.

Theresa Padilla, petitioner-respondent;

Roger Davis, respondent-appellant.

(File No. 358812)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to enlarge the record on an appeal from a decree of the Surrogate's Court, Nassau County, dated September 6, 2016, to include certain documents in a proposed appendix as well as unspecified documents in "the [g]uardianship proceedings" and to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the respondent-appellant's appendix.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the record is denied as unnecessary as to the documents in the proposed appendix and denied as to unspecified documents in "the [g]uardianship proceedings"; and it is further,

ORDERED that the branch of the motion which is to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the respondent-appellant's appendix is granted.

ROMAN, J.P., MALTESE, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court