Frances B. Todman v Andrew P. Thompson, As Ex'r of Estate of Margaret J. Thompson & Andrew P. Thompson, Personally

Frances B. Todman v Andrew P. Thompson, As Ex'r of Estate of Margaret J. Thompson & Andrew P. Thompson, Personally

Motion No: 2007-00664 WC

Slip Opinion No: 2008 NYSlipOp 73797(U)

Decided on May 30, 2008

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.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ.

NO. 2007-664 W C

FRANCES B. TODMAN,

Respondent,

-against-

ANDREW P. THOMPSON, as Executor of the
Estate of MARGARET J. THOMPSON and
ANDREW P. THOMPSON, Personally,

Appellant.

DECISION

Motion by appellant for summary reversal denied.

That branch of the cross motion seeking to substitute Joseph C. Mitchell and Donald Scheier, as executors of the estate of Frances B. Todman, as petitioners-respondents granted and the caption shall be amended to substitute Joseph C. Mitchell and Donald Scheier as executors of the estate of Francis B. Todman, for Francis B. Todman.

That branch of the cross motion seeking a preference granted and the matter shall be heard at the June 18, 2008 Term.

That branch of the cross motion seeking to have the court accept the filing of the respondents' brief nunc pro tunc granted, and respondents' brief deemed served and filed.