Appellate Division: Second Judicial Department

M122813

E/sl

2011-01405 In the Matter of Thomas Elmezzi, deceased. Stephen J. Saft, et al., respondents-appellants; Enrique C. Molina, appellant-respondent; Thomas & Jeanne Elmezzi Private Foundation, et al., respondents. (File No. 339363)

ORDER ON APPLICATION

Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the respondents-appellants time to serve and file a brief on an appeal and cross appeal from an order of the Surrogate's Court, Nassau County, dated November 19, 2010, to enlarge the respondents' time to serve and file their briefs, and to enlarge the appellant-respondent's time to serve and file a reply brief.

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 branch of the application which is to enlarge the respondents-appellants' time to serve and file a brief is granted, and the respondents-appellants' shall serve and file their answering brief, including points of argument on the cross appeal, on or before July 15, 2011 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the branches of the application which are to enlarge the respondents' time to serve and file their briefs and to enlarge the appellant-respondent's time to serve and file a reply brief are denied as premature.

ENTER:

Matthew G. Kiernan

Clerk of the Court