MATTER OF JUDICIAL SETTLEMENT OF ACCOUNT OF THOMAS TREVETT, AS ADMINISTRATOR, CTA., OF THE ESTATE OF VIOLA E. GILES
Motion No: CA 07-00312
Slip Opinion No: 2008 NYSlipOp 61824(U)
Decided on January 23, 2008
Appellate Division, Fourth 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.


January 23, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 07-00312

MATTER OF JUDICIAL SETTLEMENT OF ACCOUNT OF THOMAS TREVETT,

AS ADMINISTRATOR, CTA., OF THE ESTATE OF VIOLA E. GILES,

DECEASED, PETITIONER-RESPONDENT,

V

THOMAS H. GILES, OBJECTANT-APPELLANT.


Appellant having renewed the motion to vacate the dismissal of the appeal taken herein from an order of the Monroe County Surrogate's Court entered in the Office of the Clerk of said Court on January 3, 2007,

Now, upon reading and filing the affidavit of Thomas H. Giles sworn to

December 18, 2007, the affidavit of David H. Tennant sworn to December 20, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Gary M. Giles sworn to

January 2, 2008, the opposing affidavit of John P. Morell sworn to January 10, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted, on the condition that appellant perfect the appeal on or before March 24, 2008.

Entered: January 23, 2008

JoAnn M. Wahl, Clerk