IN THE MATTER OF ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE OF ANGELINE V. SILLS (DECEASED) V

IN THE MATTER OF ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE OF ANGELINE V. SILLS (DECEASED) V

Motion No: NOS. CA 09-02075, CA 09-02077, CA 09-02078, AND CA 09-02079

Slip Opinion No: 2009 NY Slip Op 87243(U)

Decided on October 26, 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.

October 26, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NOS. CA 09-02075, CA 09-02077, CA 09-02078, AND CA 09-02079
DOCKET NOS. CA 09-02075, CA 09-02077, CA 09-02078 AND CA 09-02079
DOCKET NOS. CA 09-02075, CA 09-02077, CA 09-02078 AND CA 09-02079
DOCKET NOS. CA 09-02075, CA 09-02077, CA 09-02078 AND CA 09-02079

IN THE MATTER OF ROBERT SILLS AND
AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE OF
ANGELINE V. SILLS (DECEASED), PETITIONERS-APPELLANTS,
V
FLEET NATIONAL BANK, JOAN ROYSTON, AND
KIRK RICHARDSON, RESPONDENTS-RESPONDENTS.

AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE
ESTATE OF ANGELINE V. SILLS (DECEASED),
PLAINTIFFS-APPELLANTS,
V
FLEET BANK AND JOAN ROYSTON, DEFENDANTS-RESPONDENTS.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE
ESTATE OF ANGELINE V. SILLS (DECEASED),
PLAINTIFFS-APPELLANTS,
V
JOAN ROYSTON, DEFENDANT-RESPONDENT.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
(APPEAL NO. 1.)
OCTOBER 26, 2009
PAGE 2
IN THE MATTER OF ROBERT SILLS AND AUDREY ELAINE SILLS AS
CO-EXECUTORS OF THE ESTATE OF ANGELINE V. SILLS (DECEASED),
PETITIONERS-APPELLANTS,
V
FLEET NATIONAL BANK, ET AL., RESPONDENTS.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE
OF ANGELINE V. SILLS (DECEASED), PLAINTIFFS-APPELLANTS,
V
FLEET BANK ET AL., DEFENDANTS.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE
OF ANGELINE V. SILLS (DECEASED), PLAINTIFFS-APPELLANTS,
V
JOAN ROYSTON, DEFENDANT.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
(APPEAL NO. 2.)
IN THE MATTER OF ROBERT SILLS AND AUDREY ELAINE SILLS AS
CO-EXECUTORS OF THE ESTATE OF ANGELINE V. SILLS (DECEASED),
PETITIONERS-APPELLANTS,
V
FLEET NATIONAL BANK, ET AL., RESPONDENTS.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
OCTOBER 26, 2009
PAGE 3
ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE
OF ANGELINE V. SILLS (DECEASED), PLAINTIFFS-APPELLANTS,
V
FLEET BANK ET AL., DEFENDANTS.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE
OF ANGELINE V. SILLS (DECEASED), PLAINTIFFS-APPELLANTS,
V
JOAN ROYSTON, DEFENDANT.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
(APPEAL NO. 3.)
IN THE MATTER OF ROBERT SILLS AND AUDREY ELAINE SILLS AS
CO-EXECUTORS OF THE ESTATE OF ANGELINE V. SILLS (DECEASED),
PETITIONERS-APPELLANTS,
V
FLEET NATIONAL BANK, ET AL., RESPONDENTS.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE
OF ANGELINE V. SILLS (DECEASED), PLAINTIFFS-APPELLANTS,
V
FLEET BANK ET AL., DEFENDANTS.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
OCTOBER 26, 2009
PAGE 4
ROBERT SILLS AND AUDREY ELAINE SILLS AS CO-EXECUTORS OF THE ESTATE
OF ANGELINE V. SILLS (DECEASED), PLAINTIFFS-APPELLANTS,
V
JOAN ROYSTON, DEFENDANT.
—————————————————————
AUDREY P. PEARTREE, GUARDIAN AD LITEM-RESPONDENT.
(APPEAL NO. 4.)

Appellants having moved to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Steuben on February 13, 2009, June 3,

2009, July 31, 2009 and September 16, 2009,

Now, upon reading and filing the affirmation of Mitchell T. Williams dated October 9, 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 and the appeals from the orders entered February 13, 2009, June 3, 2009, July 31, 2009 and September 16, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: October 26, 2009

Patricia L. Morgan, Clerk