Matter of Elmezzi, deceased
Motion No: 2013-03566
Slip Opinion No: 2013 NY Slip Op 80297(U)
Decided on July 19, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M159624

E/ct

DANIEL D. ANGIOLILLO, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2013-03566

In the Matter of Thomas Elmezzi, deceased.

Stephen J. Saft, et al., respondents;

Enrique C. Molina, appellant.

(File No. 339363)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of an appeal from an order of the Surrogate's Court, Nassau County, dated February 1, 2013. Cross motion by the respondents to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is granted, the respondents' time to serve and file a brief is enlarged until September 9, 2013, and the respondents' brief must be served and filed on or before that date.

ANGIOLILLO, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court