PAUL ZIMMER V JAMES K. ZIMMER, AS EXECUTOR OF THE ESTATE OF ROBERTA JUNE ZIMMER
Motion No: CA 19-01357
Slip Opinion No: 2019 NY Slip Op 76952(U)
Decided on August 5, 2019
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.


August 5, 2019

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

CA 19-01357

PAUL ZIMMER, PLAINTIFF-APPELLANT,

V

JAMES K. ZIMMER, AS EXECUTOR OF THE ESTATE OF ROBERTA JUNE

ZIMMER, DEFENDANT-RESPONDENT.


Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Surrogate's Court, Monroe County, entered October 9, 2018,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the appeal is perfected on or before October 4, 2019.

Entered: August 5, 2019

Mark W. Bennett

Clerk of the Court