IN THE MATTER OF ESTATE OF CARMEN J. RUSSO, DECEASED.
Motion No: CA 12-00248
Slip Opinion No: 2012 NY Slip Op 76730(U)
Decided on June 21, 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.


June 21, 2012

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

DOCKET NO. CA 12-00248

IN THE MATTER OF ESTATE OF CARMEN J. RUSSO, DECEASED.



DONALD J. RAISER, EXECUTOR OF ESTATE OF CARMEN J. RUSSO,

DECEASED, PETITIONER-RESPONDENT;

JAMIE LYNN RHOAT, OBJECTANT-APPELLANT.


Respondent having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Erie County Surrogate's Court entered in the Office of the Clerk of said court on September 6, 2011,

Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to May 30, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the brief is filed and served on or before July 23, 2012, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before August 7, 2012.

Entered: June 21, 2012

Frances E. Cafarell, Clerk