| Matter of Moore, deceased |
| Motion No: 2017-03720 |
| Slip Opinion No: 2018 NY Slip Op 76894(U) |
| Decided on July 6, 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
M252189
E/afa
WILLIAM F. MASTRO, J.P.
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2017-03720 In the Matter of Frank Moore, Jr., deceased. Eileen Kyne, petitioner-respondent; Michele Moore, objectant-appellant; Frank Moore III, respondent-respondent. (File No. 754/90)
| DECISION & ORDER ON MOTION |
Motion by the objectant-appellant on an appeal from an order of the Surrogate's Court, Suffolk County, dated January 31, 2017, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Application by the respondent-respondent, in effect, to strike the record on the ground that it contains matter dehors the record and is inadequate.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the application is denied without prejudice to making a motion for the relief sought.
MASTRO, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court