IN THE MATTER OF PEARL G. SIMMONS, AS SETTLOR OF AN IRREVOCABLE LIVING TRUST OF EUGENE M. SIMMONS AND PEARL G. SIMMONS
Motion No: CA 23-01659
Slip Opinion No: 2025 NY Slip Op 74422(U)
Decided on July 25, 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.


July 25, 2025

PRESENT: LINDLEY, J.P., CURRAN, SMITH, NOWAK, AND HANNAH, JJ.

CA 23-01659

IN THE MATTER OF 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.


Anne Teresa Lawler-Simmons, Executrix of the Estate of Pearl G. Simmons, having moved for leave to be substituted as the appellant (see CPLR 1015) in the appeal 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 denied as moot (see Matter of Pearl G. Simmons, - AD3d - [July 25, 2025] [4th Dept 2025]).

Entered: July 25, 2025

Ann Dillon Flynn

Clerk of the Court