IN THE MATTER OF ESTATE OF ALEX G. SCHMIDT, DECEASED.
Motion No: NOS. CA 11-01131 AND CA 11-01132
Slip Opinion No: 2012 NY Slip Op 64420(U)
Decided on February 14, 2012
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


February 14, 2012

PRESENT: SCUDDER, P. J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

DOCKET NOS. CA 11-01131 AND CA 11-01132

IN THE MATTER OF ESTATE OF ALEX G. SCHMIDT, DECEASED.



ANN L. MCLAUGHLIN, PETITIONER-RESPONDENT;

THOMAS E. WEBB, JR., AS EXECUTOR OF THE ESTATE OF

ALEX G. SCHMIDT, RESPONDENT-APPELLANT.


Respondent-appellant having moved for an extension of time for petitioner-respondent to file and serve a brief and for an extension of time for respondent-appellant to file and serve a reply brief on the appeals taken herein from orders of the Erie County Surrogate's Court entered in the Office of the Clerk of said court on March 15, 2011,

Now, upon reading and filing the affirmation of Gregory Zini, Esq., dated February 2, 2012, the notice of motion with proof of service thereof, and the affidavit of Kelly A. Feron, Esq., sworn to February 2, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that petitioner-respondent's brief is filed and served on or before February 17, 2012, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondent-appellant's reply brief, if any, shall be filed and served on or before March 2, 2012.

Entered: February 14, 2012

Frances E. Cafarell, Clerk