| Matter of Mercer, deceased |
| Motion No: 2012-09653 |
| Slip Opinion No: 2013 NY Slip Op 73751(U) |
| Decided on May 14, 2013 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M156334
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
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2012-09653 In the Matter of Norman J. Mercer, deceased. BNY Mellon, N.A., et al., petitioners-respondents; Howard Mercer, et al., objectants-appellants; James Speiss, nonparty- respondent. (File No. 211P2008)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the order on application of this Court dated March 12, 2013, in the above-entitled appeal is recalled and vacated and the following order on application is substituted therefor:
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Suffolk County, entered August 29, 2012.
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 application is granted and the appellants' time to perfect the appeal is enlarged until May 10, 2013, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court