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

CA 23-00958

IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE ACCOUNT OF JP MORGAN CHASE BANK, N.A., AS TRUSTEE OF THE TRUST AGREEMENT DATED MARCH 7, 1996 BY DAVID MINKIN FOR THE BENEFIT OF ROBERT THALL, HOWARD LESTER, PATRICIA B. LESTER, PAUL H. BRIGER (TRUST NO. 1), PAUL H. BRIGER (TRUST NO. 2.), PETER LESTER AND PRESCOTT LESTER, RESPONDENTS-APPELLANTS, V PETER LESTER, RESPONDENT-APPELLANT, PAMELA LESTER, OWEN E. FORD, PRESCOTT LESTER, PAMELA LESTER, PETER LESTER AND WELLS FARGO BANK, N.A, AS REPRESENTATIVES OF THE ESTATE OF PATRICIA LESTER, DECEASED, UNDERBERG & KESSLER, LLP, AS GUARDIAN AD LITEM FOR OLIVER BRIGER, HAZEL BRIGER AND EMILIO VERGOTTINI, MARY CONWAY CALABRESE, ESQ., AS GUARDIAN AD LITEM FOR NATHAN BUKOWSKI-THALL AND ROSE BUKOWSKI-THALL, FARACI LANGE, LLP, AS GUARDIAN AD LITEM FOR HUNTER BRIGER AND HARRISON BRIGER, PETER BRIGER AND MARY LOU THALL, AS EXECUTOR FOR THE ESTATE OF ROBERT THALL, DECEASED, RESPONDENTS-RESPONDENTS.

Prescott Lester having moved to vacate the dismissal of the appeal taken herein from an order of the Surrogate's Court, Monroe County, entered April 27, 2023, and for other relief,

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 insofar as it seeks to vacate the dismissal of the appeal is granted on the condition that the appeal is perfected on or before May 28, 2024, and

It is further ORDERED that the motion insofar as it seeks to substitute estate representatives is granted as reflected in the caption above.

Entered: May 6, 2024

Ann Dillon Flynn

Clerk of the Court