Matter of McDonald
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Matter of Mcdonald
2012 NY Slip Op 07431
Released on November 9, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on November 9, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.
941 CA 11-01677
[*1]IN THE MATTER OF THE TRUSTS FOR STEPHANIE MCDONALD AND KELLY MCDONALD CREATED IN THE WILL OF IGNATIUS S. LUPPINO, DECEASED. STEPHANIE MCDONALD AND KELLY MCDONALD, PETITIONERS-RESPONDENTS; IDALYNN LUPPINO MCDONALD, TRUSTEE, RESPONDENT-APPELLANT. (APPEAL NO. 2.)
Appeal from an order of the Surrogate's Court, Erie County (Barbara Howe, S.), entered April 13, 2011. The order, inter alia, denied the motion of Idalynn Luppino McDonald for leave to renew or reargue.
BARRY J. DONOHUE, TONAWANDA, FOR RESPONDENT-APPELLANT.
KEVIN T. STOCKER, TONAWANDA, FOR PETITIONERS-RESPONDENTS.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Released on November 9, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.
941 CA 11-01677
[*1]IN THE MATTER OF THE TRUSTS FOR STEPHANIE MCDONALD AND KELLY MCDONALD CREATED IN THE WILL OF IGNATIUS S. LUPPINO, DECEASED. STEPHANIE MCDONALD AND KELLY MCDONALD, PETITIONERS-RESPONDENTS; IDALYNN LUPPINO MCDONALD, TRUSTEE, RESPONDENT-APPELLANT. (APPEAL NO. 2.)
Appeal from an order of the Surrogate's Court, Erie County (Barbara Howe, S.), entered April 13, 2011. The order, inter alia, denied the motion of Idalynn Luppino McDonald for leave to renew or reargue.
BARRY J. DONOHUE, TONAWANDA, FOR RESPONDENT-APPELLANT.
KEVIN T. STOCKER, TONAWANDA, FOR PETITIONERS-RESPONDENTS.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Same Memorandum as in Matter of Luppino ([appeal No. 1] ___ AD3d ___ [Nov. 9, 2012]).
Entered: November 9, 2012
Frances E. Cafarell
Clerk of the Court
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