Appellate Division: Second Judicial Department

M288375

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

LILLIAN WAN, JJ.

2020-03601 Carol Bamonte, etc., et al., appellants, v Debrah Charatan, as executor of the estate of Robert Durst, et al., respondents, et al., defendants. (Index No. 607688/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered March 4, 2020.

Motion by the appellants to enlarge the record to include certain material and to extend the time to serve and file a reply brief. Motion by Debrah Charatan, as executor of the estate of Robert Durst, to be substituted for the deceased respondent Robert Durst, to amend the caption accordingly, and, in effect, to vacate the stay that arose upon the death of the deceased respondent Robert Durst.

Upon the papers filed in support of the motion by the appellants and the papers filed in opposition thereto, and upon the papers filed in support of the motion by Debrah Charatan and the papers filed in relation thereto, it is

ORDERED that the branch of the appellants' motion which is to enlarge the record to include certain material is denied; and it is further,

ORDERED that the branch of the appellants' motion which is to extend the time to serve and file a reply brief is granted, and on or before May 12, 2023, the appellants shall serve and file the reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion by Debrah Charatan is granted, Debrah Charatan, as executor of the estate of Robert Durst, is substituted for the deceased respondent Robert Durst, the caption is amended accordingly, and the stay which arose upon the death of the deceased respondent Robert Durst is vacated.

BRATHWAITE NELSON, J.P., MALTESE, WOOTEN and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court