PROCEEDING BY HOWARD MERCER AND DAVID MERCER TO REVOKE THE LETTERS TESTAMENTARY AND LETTERS OF TRUSTEESHIP ISSUED TO CAROL M. MERCER, MARTIN D. NEWMAN AND BNY MELLON, N.A. UNDER THE LAST WILL AND TESTAMENT OF NORMAN J. MERCER, Deceased. (211P2008/D/F/G) ó After conferring with counsel for the parties and the guardian ad litem, and the court having noted that, in spite of a direction in one of its decisions dated December 14, 2012 for counsel and the parties (emphasis added) to appear for conference on January 17, 2013, the fiduciaries were not in attendance for the conference, it has been determined that ongoing discovery regarding the referenced estate are stayed pending the court's determination of a motion returnable on January 29, 2013 seeking the disqualification of the firm representing the fiduciaries, as well as the removal of said fiduciaries.

Further, it is noted that any fees incurred by Moritt Hock & Homroff, LLP and charged against this decedent's estate and any trusts flowing therefrom in the interim may be subject to an order directing their disgorgement and/or reimbursement to the appropriate entity.

Upon the representation by counsel that they will be pursuing settlement negotiations in the interim, it is

ORDERED that all discovery, including but not limited to scheduled depositions, is stayed pending the court's determination of a motion returnable on January 29, 2013 seeking, inter alia, the disqualification of Moritt Hock & Hamroff, LLP as the attorneys for fiduciaries BNY Mellon, N.A., Carol M. Mercer and Martin D. Newman, and the removal of said fiduciaries; and it is further

ORDERED that, notwithstanding the foregoing, the court will accept an application from Howard and David Mercer for reimbursement of the costs and expenses associated with their appearance in the Surrogate's Court on January 17, 2013; and it is further

ORDERED that all attorneys and all parties shall appear for a conference at the Surrogate's Court, 320 Center Drive, Riverhead, New York at 9:30 a.m. on Friday, February 8, 2013.