In the Matter of a Petition for Letters of Administration

Motion No: M-4897

Slip Opinion No: 2017 NYSlipOp 94212(U)

Decided on December 5, 2017

Appellate Division, First 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.

December 5, 2017

In the Matter of a Petition for

Letters of Administration, c.t.a.,

In the Estate of

Paula X. Assimakopoulos,

Deceased. - - - - - - - - - - - - - - Surrogate's Court

Eva Lana, File No. 1154/12

Petitioner-Appellant,

v

Nicolle Assimakopoulos-Panuthos,

Respondent-Respondent.

An appeal having been taken from a decree of the Surrogate's Court, New York County, entered on or about September 25, 2013, and said appeal having been perfected, And an order of this Court having been entered on June 13, 2017 (M-2215), inter alia, granting respondent-respondent leave to file a supplemental record on appeal, and directing respondent to file specific documents (specified in the June 2017 order) for the October 2017 Term, and otherwise denying the motion, And petitioner-appellant having moved for this Court to direct respondent-respondent to comply with the order entered on June 13, 2017 (M-2215), for leave to strike certain portions of the respondent's brief, and for an adjournment of time to file a reply brief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted, and respondent-respondent is directed to file, within 7 days of the date of entry hereof of this order, a supplemental appendix containing only Exhibits A, B and D-G to her prior moving papers (M-2215),

as well as only so much of Exhibit J to those papers as consists of the one-page notice of appearance filed on October 1, 2012; deem struck from respondent's brief all references on pps. 5, 7 and 9-11 to Exhibits C and H, and to Exhibit J except as to the limited portion of Exhibit J allowed pursuant to this order, as well as all discussion relying on those documents. Petitioner-appellant is directed to attach a copy of this order as an addendum to her reply brief, to be filed on or before January 3, 2018 for the February 2018 Term, to which Term the appeal is adjourned.ENTERED: December 5, 2017

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Dianne T. Renwick Sallie Manzanet-Daniels Barbara R. Kapnick Ellen Gesmer, Justices

M-4897