| 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: 2009 NY Slip Op 70373(U) |
| Decided on April 20, 2009 |
| 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
| 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-APPELLANT, 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-appellant having moved for an extension of time to file and serve a brief on 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 affidavit of Timothy J. Perry sworn to April 1, 2009, 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 on condition that the brief is filed and served on or before May 18, 2009, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before June 2, 2009.
Entered: April 20, 2009
Patricia L. Morgan, Deputy Clerk