| Matter of Heino, deceased |
| Motion No: 2017-03048 |
| Slip Opinion No: 2017 NY Slip Op 94988(U) |
| Decided on December 8, 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
M242824
E/ct
CHERYL E. CHAMBERS, J.P.
L. PRISCILLA HALL
SANDRA L. SGROI
BETSY BARROS, JJ.
|
2017-03048 In the Matter of Andre Heino, deceased. Harvey Heino, petitioner-respondent-appellant; Jay Heino, et al., objectants-appellants-respondents. (File No. 4868/99)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-respondent-appellant to strike stated portions of the joint appendix on appeals and a cross appeal from a decree of the Surrogate's Court, Kings County, dated January 25, 2017, on the ground that they contain matter dehors the record. Application by the petitioner-respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the application, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, the petitioner-respondent-appellant's time to serve and file a brief is enlarged until February 8, 2018, and the petitioner-respondent-appellant's answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]), shall be served and filed on or before that date.
CHAMBERS, J.P., HALL, SGROI and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court