Matter of McDonald
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Matter of Mcdonald
2012 NY Slip Op 07432
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.
942 CA 11-01678
[*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. - THOMAS F. HEWNER, ESQ., COURT APPOINTED SUCCESSOR TRUSTEE, RESPONDENT. (APPEAL NO. 3.)
Appeal from an order of the Surrogate's Court, Erie County (Barbara Howe, S.), entered July 5, 2011. The order, inter alia, removed Idalynn Luppino McDonald as trustee and appointed Thomas F. Hewner, Esq. as successor trustee.
BARRY J. DONOHUE, TONAWANDA, FOR RESPONDENT-APPELLANT.
KEVIN T. STOCKER, TONAWANDA, FOR PETITIONERS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from is unanimously vacated on the law 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.
942 CA 11-01678
[*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. - THOMAS F. HEWNER, ESQ., COURT APPOINTED SUCCESSOR TRUSTEE, RESPONDENT. (APPEAL NO. 3.)
Appeal from an order of the Surrogate's Court, Erie County (Barbara Howe, S.), entered July 5, 2011. The order, inter alia, removed Idalynn Luppino McDonald as trustee and appointed Thomas F. Hewner, Esq. as successor trustee.
BARRY J. DONOHUE, TONAWANDA, FOR RESPONDENT-APPELLANT.
KEVIN T. STOCKER, TONAWANDA, FOR PETITIONERS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from is unanimously vacated on the law 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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