| MATTER OF MICHAEL SIMMONS AND MARCIA SIMMONS CRIM, AS CO-TRUSTEES OF THE EUGENE AND PEARL SIMMONS IRREVOCABLE INCOME |
| Motion No: CA 24-00956 |
| Slip Opinion No: 2025 NY Slip Op 71598(U) |
| Decided on June 9, 2025 |
| 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: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 24-00956
| MATTER OF MICHAEL SIMMONS AND MARCIA SIMMONS CRIM, AS CO-TRUSTEES
OF THE EUGENE AND PEARL SIMMONS IRREVOCABLE INCOME ONLY TRUST ALSO KNOWN AS ("THE TRUST"), PETITIONERS-RESPONDENTS; MARK SIMMONS,
CO-TRUSTEE, RESPONDENT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal
taken herein from an order of the Surrogate's Court, Onondaga County, entered May 3, 2024, and petitioners have cross-moved to dismiss the appeal, and for other relief,
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is hereby ORDERED that the appellant's motion to vacate the dismissal of the appeal is granted on the condition that the appeal is perfected on or before August 11, 2025, and,
It is further ORDERED that the petitioners' cross-motion to dismiss the appeal and for other relief is denied.
Entered: June 9, 2025
Ann Dillon Flynn
Clerk of the Court