| IN THE MATTER OF MANUFACTURERS AND TRADERS TRUST COMPANY (FORMERLY MERCHANTS NATIONAL BANK AND TRUST COMPANY OF |
| Motion No: CA 08-02176 |
| Slip Opinion No: 2008 NYSlipOp 88616(U) |
| Decided on November 5, 2008 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
DOCKET NO. CA 08-02176
| IN THE MATTER OF MANUFACTURERS AND TRADERS TRUST COMPANY (FORMERLY
MERCHANTS NATIONAL BANK AND TRUST COMPANY OF SYRACUSE), A CO-TRUSTEE OF THE DAVID SMALL TRUST UNDER AGREEMENT DATED DECEMBER 28, 1938,
PETITIONER-RESPONDENT, TO RESIGN AS TRUSTEE AND FOR APPROVAL OF ITS ACCOUNTING. JOAN SMALL FANELLI, JEAN SMALL COFFMAN, JANE
SMALL KLINCZAK, SHEILA SMALL ATWATER, JAMES D. SMALL, AND PATRICIA SMALL KELLETT, INDIVIDUALLY AND AS BENEFICIARIES OF THE
TRUST OF DAVID SMALL, RESPONDENTS-APPELLANTS. |
Respondent having moved to dismiss the appeal taken from an order of the Onondaga County Surrogate's Court entered in the Office of the Clerk of said Court on May 15, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Rebecca A. Crance sworn to October 20, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Robert M. Lustberg date October 28, 2008,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before January 5, 2009.
Entered: November 5, 2008
JoAnn M. Wahl, Clerk