| THE ESTATE OF EVELYN SONNELITTER, DECEASED, GARY SONNELITTER, EXECUTOR, AND SONNELITTER FAMILY TRUST, V JOSEPH WHITE |
| Motion No: NOS. CA 12-00175 AND CA 12-00176 |
| Slip Opinion No: 2012 NY Slip Op 81616(U) |
| Decided on August 6, 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 NOS. CA 12-00175 AND CA 12-00176
| THE ESTATE OF EVELYN SONNELITTER, DECEASED, GARY
SONNELITTER, EXECUTOR, AND SONNELITTER FAMILY TRUST, PLAINTIFFS-APPELLANTS-RESPONDENTS, V JOSEPH WHITE,
INDIVIDUALLY, AND AS FORMER TRUSTEE OF THE SONNELITTER FAMILY TRUST, DEFENDANT-RESPONDENT-APPELLANT, CAROL ALABISO,
GERALD MCCLAIN WHITLEY AND MCCLAIN PROPERTIES, LLC, DEFENDANTS. |
Defendant Joseph White, individually, and as former Trustee of the Sonnelitter Family Trust having moved to vacate the dismissal of the cross appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 26, 2011, and July 26, 2012,
Now, upon reading and filing the affidavit of John J. Keenan, Esq., sworn to July 19, 2012, and 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 defendant perfects his cross appeals on or before August 20, 2012.
Entered: August 6, 2012
Frances E. Cafarell, Clerk