| IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE ACCOUNT OF JP MORGAN CHASE BANK, N.A., AS TRUSTEE OF THE TRUST |
| Motion No: CA 23-00958 |
| Slip Opinion No: 2024 NY Slip Op 72739(U) |
| Decided on August 14, 2024 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., BANNISTER, NOWAK, KEANE, AND HANNAH, 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 BRIGER (TRUST NO. 1.), PAUL BRIGER (TRUST NO. 2.) PETITIONER-RESPONDENT, ET AL.,
PETITIONER, V PETER LESTER, ET AL., RESPONDENTS, PRESCOTT LESTER, RESPONDENT-APPELLANT. |
Respondent Peter 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 petitioner-respondent JP Morgan Chase Bank, N.A., having cross-moved to dismiss the appeal pursuant to CPLR 5511,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that respondent Peter Lester's motion insofar as it seeks to vacate the dismissal is granted on the condition that the appeal is perfected on or before September 13, and
It is further ORDERED that petitioner-respondent J.P. Morgan Chase Bank N. A.'s cross motion to dismiss the appeal is denied without prejudice and leave to renew any arguments in support of or, in opposition to the motion in the briefs that remain outstanding and at oral argument.
Entered: August 14, 2024
Ann Dillon Flynn
Clerk of the Court