| 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 79735(U) |
| Decided on October 27, 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 strike the appellant's brief and the record filed by appellant and, for permission to file a corrected brief and record that comports with an order of Supreme Court settling the record, on the appeal taken herein from an order of the Surrogate's Court, Onondaga County, entered May 3, 2024,
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 and the brief and record previously filed by appellant are hereby deemed stricken, and
It is further ORDERED that appellant shall file and serve a new brief and record on or before November 3, 2025, and
It is further ORDERED that petitioners-respondents' time to file a responding brief is extended to December 5, 2025.
Entered: October 27, 2025
Ann Dillon Flynn
Clerk of the Court