Appellate Division: Second Judicial Department

M275688

MB/

LEONARD B. AUSTIN, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2020-06190 In the Matter of Thomas Elmezzi, deceased. Stephen J. Saft, etc., et al., petitioners-appellants; Thomas & Jeanne Elmezzi Private Foundation, respondent-appellant; Office of the Attorney General New York State Charities Bureau, nonparty-respondent Enrique C. Molina, respondent-respondent. (File No. 339363)

DECISION & ORDER ON MOTION ;

Appeal from a decree of the Surrogate's Court, Nassau County, dated August 3, 2020. Motion by the petitioners-appellants for a preference in the calendaring of the appeal and for leave to file an oversized brief.

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

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied; and it is further,

ORDERED that the branch of the motion which is for leave to file an oversized brief is denied without prejudice to making an application pursuant to 22 NYCRR 1250.9(h); and it is further,

ORDERED that on the Court's own motion, the petitioners-appellants' time to serve and file the record or appendix on the appeal and the petitioners-appellants' brief via NYSCEF is extended until March 24, 2021, and the petitioners-appellants shall file an original and five hard copies of the record or appendix and the petitioners-appellants' brief in accordance with any applicable administrative order or other order to be issued by the Court.

AUSTIN, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court