Matter of Mercer, deceased
Motion No: 2015-07466
Slip Opinion No: 2016 NY Slip Op 66866(U)
Decided on March 11, 2016
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

M207999

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2015-07466

In the Matter of Norman J. Mercer, deceased.

BNY Mellon, N.A., et al., appellants;

Howard Mercer, et al., respondents.

(File No. 211/08)

DECISION & ORDER ON MOTION

Motion by the respondents Georgia L. Mercer, as executor of the estate of David Mercer, and Howard Mercer for a preference in the calendaring of an appeal from an order of the Surrogate's Court, Suffolk County, dated March 30, 2015.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the appeal will be calendared expeditiously after the all of the briefs have been filed; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file their respective briefs is enlarged until April 11, 2016, and the respondents' briefs, if any, must be served and filed on or before that date.

CHAMBERS, J.P., AUSTIN, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court