Appellate Division: Second Judicial Department

M309151

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

PHILLIP HOM

ELENA GOLDBERG VELAZQUEZ, JJ.

2024-11634 In the Matter of Ida Robinson, deceased. Sharease Torain, etc., respondent; Menachem Guervitch, appellant. (File No. 3079/2024)

DECISION & ORDER ON MOTION

Appeal from an order of the Surrogate's Court, Kings County, dated September 27, 2024. Motion by the respondent to dismiss the appeal on the ground that the brief of the appellant does not comply with CPLR 5528 or, in the alternative, for leave to serve and file a supplemental record containing certain material, and to extend the time to serve and file a brief. Cross-motion by the appellant to serve and file a replacement 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 cross-motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file a supplemental record is granted, and on or before December 5, 2025, the respondent shall serve and file a supplemental record that contains the letter from the Kings County District Attorney's Office dated August 6, 2024, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload digital copies of the supplemental record with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the cross-motion is granted, and on or before December 5, 2025, the appellant shall serve and file a replacement brief that contains a concise statement, not exceeding two pages, of the questions involved, set forth separately and followed immediately by the answer, if any, of the court from which the appeal is taken, and a concise statement of the nature of the case and of the facts which should be known to determine the questions involved, with appropriate citations to the reproduced record, in compliance with CPLR 5528 and 22 NYCRR 1250.8(b), and is in all other respects the same as the brief previously filed via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement brief and upload digital copies of the replacement brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before January 5, 2026, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., WOOTEN, HOM and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court