ESTATE OF MARY DILORENZO, also known as MARY C. DILORENZO, Deceased — On the return date of a motion by two nephews of the court seeking an order dismissing the probate proceeding or, in the alternative, restoring the proceeding to the calendar for further discovery proceedings, the proponent and the movant entered into a written stipulation wherein they agreed that: (1) SCPA 1404 examinations of the attorney-drafter and one available witness are to be conducted on February 14, 2013, with such examinations (and any examination of the remaining witness, if that witness becomes available) to continue and be completed no later than March 11, 2013; (2) objections, if any, are to be served and filed within ten (10) days of the conclusion of the SCPA 1404 examinations on March 11, 2013; (3) the guardian ad litem is to be provided with a copy of the stipulation and advised of the SCPA 1404 examination dates; and, (4) the motion is withdrawn, without prejudice.

Accordingly, based on the parties' written stipulation, this decision constitutes the order of the court marking the motion "withdrawn without prejudice."

Proceed accordingly.

January 24, 2013