Appellate Division: Second Judicial Department

M269785

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

COLLEEN D. DUFFY

LINDA CHRISTOPHER, JJ.

2018-11305 In the Matter of Elizabeth N. Moore, etc., deceased. Michele Moore, petitioner-appellant; Frank Moore III, respondent-respondent. (File No. 340/07)

DECISION & ORDER ON MOTION

Appeal from an order of the Surrogate's Court, Suffolk County, dated June 29, 2018 Motion by the petitioner-appellant for leave to reargue her prior motion to enlarge the record to include certain material, which was determined by decision and order on motion of this Court dated September 27, 2019. Cross motion by the respondent-respondent to strike stated portions of the petitioner-appellant's brief on the ground that they refer to matter dehors the record. Motion by the petitioner-appellant to strike stated portions of the respondent-respondent's appendix on the ground that they contain matter dehors the record. Separate motion by the respondent-respondent to strike stated portions of the petitioner-appellant's reply brief on the ground that they improperly raise issues for the first time in reply. Cross motion by the petitioner-appellant, in effect, for summary reversal.

Upon the papers filed in support of the petitioner-appellant's motion for leave to reargue and the papers filed in opposition thereto, upon the papers filed in support of the respondent-respondent's cross motion to strike stated portions of the petitioner-appellant's brief and the papers filed in opposition thereto, upon the papers filed in support of the petitioner-appellant's motion to strike stated portions of the respondent-respondent's appendix and the papers filed in opposition thereto, upon the papers filed in support of the respondent-respondent's motion to strike stated portions of the petitioner-appellant's reply brief and the papers filed in opposition thereto, and upon the papers filed in support of the petitioner-appellant's cross motion, in effect, for summary reversal and the papers filed in opposition thereto, it is

ORDERED that the petitioner-appellant's motion for leave to reargue is denied; and it is further,

ORDERED that the respondent-respondent's cross motion to strike stated portions of the petitioner-appellant's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the petitioner-appellant's motion to strike stated portions of the respondent-respondent's appendix is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the respondent-respondent's motion to strike stated portions of the petitioner-appellant's reply brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the petitioner-appellant's cross motion, in effect, for summary reversal is denied.

CHAMBERS, J.P., AUSTIN, DUFFY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court