| PROCEEDING BY JON SCOTT TOMSON ALSO KNOWN AS JOHN SCOTT TOMSON FOR THE DELIVERY OF BEQUESTS MADE BY THE LAST WILL AND |
| Motion No: CA 08-00513 |
| Slip Opinion No: 2008 NYSlipOp 67673(U) |
| Decided on March 24, 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. |
DOCKET NO. CA 08-00513
| PROCEEDING BY JON SCOTT TOMSON ALSO KNOWN AS JOHN SCOTT TOMSON,
PETITIONER-RESPONDENT, FOR THE DELIVERY OF BEQUESTS MADE BY THE LAST WILL AND TESTAMENT OF PETER TOMSON,
DECEASED, PETER JAY TOMSON, RESPONDENT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from an order of the Monroe County Surrogate's Court entered in the Office of the Clerk of said Court on September 24, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jacob W. Osher dated March 6, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Peter J. Tomson sworn to March 21, 2008,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before
May 23, 2008.
Entered: March 24, 2008
JoAnn M. Wahl, Clerk