Appellate Division: Second Judicial Department

M152646

J/sl

RUTH C. BALKIN, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

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

DECISION AND ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated January 22, 2013, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Enrique C. Molina having appealed to this Court from an order of the Surrogate's Court, Nassau County, dated November 9, 2010, and the petitioners having cross appealed from the same order, the appeal was perfected on June 3, 2011, the respondents-appellants filed a brief on July 14, 2011, and the reply brief was filed on July 25, 2011. By order on application dated January 9, 2012, the respondents-appellants withdrew the cross appeal. By order dated August 31, 2011, the Surrogate's Court, Nassau County, granted Enrique Molina's motion for leave to renew.

Now, on the Court's own motion, it is

ORDERED that the parties or their attorneys are directed to show cause before this Court why the appeal by Enrique Molina from the order dated November 9, 2010, should or should not be dismissed as academic based on the order dated August 31, 2011, by filing an affirmation or affidavit on that issue with the Clerk of this Court on or before April 1, 2013; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause on the parties or their attorneys by regular mail.

BALKIN, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court