Matter of Wagner

Matter of Wagner 2014 NY Slip Op 05716 Decided on August 8, 2014 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on August 8, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND WHALEN, JJ.
613 CA 13-01771

[*1]IN THE MATTER OF THE ESTATE OF JOHN WAGNER, DECEASED. CANANDAIGUA NATIONAL BANK AND TRUST COMPANY, PETITIONER-RESPONDENT; SALLY BAUMANN, OBJECTANT-RESPONDENT; COLIN DESROSIERS AND MICHELLE DESROSIERS, OBJECTANTS-APPELLANTS. (APPEAL NO. 1.)

Appeal from an order of the Surrogate's Court, Monroe County (Edmund A. Calvaruso, S.), entered July 18, 2013. The order, among other things, terminated a testamentary trust.

LACY KATZEN LLP, ROCHESTER (RACHELLE H. NUHFER OF COUNSEL), FOR OBJECTANTS-APPELLANTS.

LAW OFFICE OF HEIDI W. FEINBERG, ROCHESTER (HEIDI W. FEINBERG OF COUNSEL), FOR PETITIONER-RESPONDENT.

WOODS OVIATT GILMAN LLP, ROCHESTER (RENÉ H. REIXACH OF COUNSEL), FOR OBJECTANT-RESPONDENT.

It is hereby ORDERED that said appeal is unanimously dismissed.

Same Memorandum as in Matter of Wagner ([appeal No. 2] ___ AD3d ___ [Aug. 8, 2014]).

Entered: August 8, 2014

Frances E. Cafarell

Clerk of the Court