| Matter of Cassini, deceased |
| Motion No: 2017-01419 |
| Slip Opinion No: 2018 NY Slip Op 73133(U) |
| Decided on May 22, 2018 |
| 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
M250387
E/sl
ALAN D. SCHEINKMAN, P.J.
RUTH C. BALKIN
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
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2017-01419 In the Matter of Oleg Cassini, deceased. Marianne Nestor Cassini, petitioner; Peggy Nestor Cassini, respondent-appellant; John J. Barnosky, et al., respondents-respondents. (File No. 343100)
| DECISION & ORDER ON MOTION |
Motion by the respondents-respondents to strike the record and the respondent-appellant's brief on an appeal from an order of the Surrogate's Court, Nassau County, dated December 7, 2016, on the ground that they contain or refer to matter dehors the record, and to enlarge the time to serve and file a brief. Application by the respondents-respondents 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 papers filed in opposition thereto, and upon the papers filed in support of the application and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to strike the record and the respondent-appellant's brief is granted to the extent that the material beginning on the unnumbered page after page 160 through page 163 and page 164.1 are stricken from the record and footnote 2 on page 23 is stricken from the respondent-appellant's brief, on or before June 21, 2018, the respondent-appellant shall remove the stricken material from the copies of the record and the respondent-appellant's brief filed with the Clerk of this Court and serve and file a supplemental record containing Exhibits 9 and 10 in the form that they were submitted to the Surrogate's Court, Nassau County, in connection with the motion which was determined by the order dated December 7, 2016, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents-respondents' time to serve and file a brief and the application for that relief are granted, the respondents-respondents' time to serve and file a brief is enlarged until July 26, 2018, and the respondent-respondent John J. Barnosky's brief shall be served and filed on or before that date.
SCHEINKMAN, P.J., BALKIN, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court