Petition of Harrison J. Weisner to v

Motion No: M-6104

Slip Opinion No: 2018 NYSlipOp 63883(U)

Decided on February 13, 2018

Appellate Division, First 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.

February 13, 2018

Petition of Harrison J. Weisner to

Construe Article Eleventh of the Will

of

Sidney Weisner,

Deceased,File No. 1991-3783/J

and for the Appointment of Petitioner

as Successor Co-Trustee under

Article Ninth(II)(A)(1) of the Will

for his Primary Benefit.

v

- - - - - - - - - - - - -

Harrison J. Weisner,

Petitioner-Appellant,

Melvin Ginsberg,

Respondent-Respondent.

An appeal having been taken to this Court from the order

of the Surrogate's Court, New York County, entered on or about July 12, 2017, And respondent-respondent having moved for dismissal of the aforesaid appeal (CPLR 5530), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of dismissing the appeal unless it is perfected for the June 2018 Term. ENTERED: February 13, 2018

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Judith J. Gische Marcy L. Kahn Anil C. Singh, Justices

M-6104