Appellate Division: Second Judicial Department

M40066

E/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-07055 In the Matter of Bernard Jacobs, deceased. Karen Jacobs Lauder, appellant; Ingrid Andersson Jacobs, etc., respondent, Teacher's Insurance and Annuity Association and College Retirement Equities Fund (TIAA- CREF), respondent. (Appeal No. 1) (File No. 2164/92) 2005-11901 Karen Jacobs Lauder, etc., respondent, v Ingrid Andersson Jacobs, etc., appellant, Teacher's Insurance and Annuity Association and College Retirement Equities Fund (TIAA- CREF), nonparty-appellant. (Appeal No. 2) (Index No. 11611/04)

DECISION & ORDER ON MOTION

Motion by Ingrid Andersson Jacobs on an appeal from an order of the Surrogate's Court, Westchester County, dated March 25, 2004 (Appellate Division Docket No. 2005-07055), and appeals from an order of the same court dated November 10, 2005 (Appellate Division Docket No. 2005-11901), inter alia, for leave to file a brief as a respondent on the appeal from the order dated March 25, 2004, and to calendar the appeals together. Motion by Teacher's Insurance and Annuity Association and College Retirement Equities Fund (TIAA-CREF) to enlarge the time to serve and file a respondent's brief on the appeal from the order dated March 25, 2004. Application by Teacher's Insurance and Annuity Association and College Retirement Equities Fund (TIAA-CREF) pursuant to 22 NYCRR 670.8(d)(2) for the same relief.

Upon the papers filed in support of the motions and the application, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion of Ingrid Andersson Jacobs for leave to file a brief as a respondent on the appeal from the order dated March 25, 2004 (Appellate Division Docket No. 2005-07055), is granted to the extent that on or before June 23, 2006, she may file a brief on the appeal and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion of Ingrid Andersson Jacobs to calendar the appeal from the order dated March 25, 2004, with the appeals from the order dated November 10, 2005, is granted, the appeals will be calendared together, and will be argued or submitted on the same day; and it is further,

ORDERED that the motion of Ingrid Andersson Jacobs is otherwise denied; and it is further,

ORDERED that the motion and application of Teacher's Insurance and Annuity Association and College Retirement Equities Fund (TIAA-CREF) are granted, the time of Teacher's Insurance and Annuity Association and College Retirement Equities Fund (TIAA-CREF) to serve and file a respondent's brief on the appeal from the order dated March 25, 2004 (Appellate Division Docket No. 2005-07055) is enlarged until June 23, 2006, and that brief must be served and filed on or before that date.

MILLER, J.P., GOLDSTEIN, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court