| MANUFACTURERS AND TRADERS TRUST COMPANY (FORMERLY MERCHANTS NATIONAL BANK AND TRUST COMPANY OF SYRACUSE), A CO- TRUSTEE |
| Motion No: CA 08-02176 |
| Slip Opinion No: 2008 NYSlipOp 93475(U) |
| Decided on December 31, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-02176
| 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. |
Appellants having moved for an extension of time to perfect 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,
Now, upon reading and filing the affirmation of Robert M. Lustberg dated December 19, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the ordering paragraph of the order of this Court entered November 5, 2008 is hereby amended by deleting the date January 5, 2009 and inserting in its place the date March 6, 2009.
Entered: December 31, 2008
JoAnn M. Wahl, Clerk