| KENNETH EARL TUPER AS CO-TRUSTEE OF THE TUPER LIVING TRUST AND THE TUPER LIVING TRUST V PATRICIA TUPER AS CO-TRUSTEE OF |
| Motion No: CA 12-00785 |
| Slip Opinion No: 2012 NY Slip Op 74080(U) |
| Decided on May 10, 2012 |
| 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-00785
| KENNETH EARL TUPER AS CO-TRUSTEE OF THE TUPER LIVING TRUST AND THE
TUPER LIVING TRUST, PLAINTIFF-APPELLANT, V PATRICIA TUPER AS CO-TRUSTEE OF THE TUPER LIVING TRUST,
DEFENDANT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on May 3, 2011,
Now, upon reading and filing the affidavit of Donald W. O'Brien, Jr., Esq., sworn to April 24, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellant perfect the appeal on or before June 25, 2012.
Entered: May 10, 2012
Frances E. Cafarell, Clerk