PEARL G. SIMMONS, AS SETTLOR OF AN IRREVOCABLE LIVING TRUST OF EUGENE M. SIMMONS AND PEARL G. SIMMONS V THE EUGENE AND
Motion No: CA 23-01659
Slip Opinion No: 2024 NY Slip Op 77195(U)
Decided on October 15, 2024
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.


October 15, 2024

PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.

CA 23-01659

PEARL G. SIMMONS, AS SETTLOR OF AN IRREVOCABLE LIVING TRUST

OF EUGENE M. SIMMONS AND PEARL G. SIMMONS,

PETITIONER-APPELLANT,

V

THE EUGENE AND PEARL SIMMONS IRREVOCABLE INCOME ONLY TRUST,

RESPONDENT-RESPONDENT.


Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Surrogate's Court, Onondaga County, entered August 22, 2023,

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 November 6, 2024.

Entered: October 15, 2024

Ann Dillon Flynn

Clerk of the Court