Matter of Elizabeth Lansing

Matter of Lansing 2006 NY Slip Op 04665 [30 AD3d 1088] June 9, 2006 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 23, 2006

In the Matter of the Last Will and Testament of Elizabeth Lansing, Deceased. William B. Lansing, Appellant; Samuel D. Lansing, Respondent. (Proceeding No. 1.) In the Matter of Elizabeth B. Lansing Irrevocable Trust and the Estate of Elizabeth B. Lansing, Deceased. Frank B. Iacovangelo, as Successor Trustee of Elizabeth B. Lansing Irrevocable Trust and Administrator C.T.A. of the Estate of Elizabeth B. Lansing, Deceased, Petitioner; Samuel D. Lansing, Respondent. (Proceeding No. 2.)

—[*1]Appeal from an order of the Surrogate's Court, Monroe County (Edmund A. Calvaruso, S.), entered March 3, 2005. The order, insofar as appealed from, denied the motion of petitioner William B. Lansing for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Surrogate's Court. Present—Kehoe, J.P., Gorski, Martoche, Smith and Pine, JJ.