| Frances B. Todman v Andrew P. Thompson As Ex'r of Estate of Margaret J. Thompson, William P Thompson |
| Motion No: 2006-01255 WC |
| Slip Opinion No: 2006 NYSlipOp 90011(U) |
| Decided on December 28, 2006 |
| Appellate Term, 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. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| FRANCES B. TODMAN, Respondent, -against- ANDREW P. THOMPSON AS EXECUTOR OF THE ESTATE OF MARGARET J. THOMPSON, WILLIAM P THOMPSON, Appellants. |
DECISION
On the court's own motion, respondent's motion returnable October 31, 2006, and appellants' motion returnable November 1, 2006, are hereby consolidated for purposes of disposition.
Motion by respondent to dismiss appeal for failure to prosecute is denied, and the appeal shall be perfected by March 2, 2007.
Ordered that in the event the appeal is not perfected on or before March 2, 2007, the court on its own motion, may dismiss the appeal, or the respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.
Motion by appellants for poor person relief and assignment of counsel is denied.