Appellate Division: Second Judicial Department

M155583

E/ct

L. PRISCILLA HALL, J.P.

PLUMMER E. LOTT

JEFFREY A. COHEN

SYLVIA HINDS-RADIX, 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 & ORDER ON MOTION

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. By order to show cause dated March 8, 2013, the parties or their attorneys were 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.

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements.

HALL, J.P., LOTT, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court