| IN THE MATTER OF MANUFACTURERS AND TRADERS TRUST COMPANY (FORMERLY MERCHANTS NATIONAL BANK AND TRUST COMPANY OF |
| Motion No: 1043-09 |
| Slip Opinion No: 2009 NY Slip Op 93098(U) |
| Decided on December 30, 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: SMITH, J.P., PERADOTTO, CARNI, AND GREEN, JJ.
MOTION NO. 1043-09
DOCKET NO. CA 08-02176
| IN THE MATTER OF MANUFACTURERS AND TRADERS TRUST COMPANY
(FORMERLY MERCHANTS NATIONAL BANK AND TRUST COMPANY OF SYRACUSE), A COTRUSTEE 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-RESPONDENTS. 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, PLAINTIFFS-APPELLANTS-RESPONDENTS, V M & T BANK CORPORATION, AS TRUSTEE OF
THE TRUST OF DAVID SMALL, DEFENDANT-RESPONDENT-APPELLANT. |
Appellants-respondents having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered October 2, 2009,
Now, upon reading and filing the affirmations of Robert M. Lustberg dated November 10, 2009 and November 12, 2009, the notices of motion with proof of service thereof, the opposing affidavits of Timothy J. Perry sworn to November 18, 2009 and November 19, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motions be, and the same hereby are, denied.
Entered: December 30, 2009
Patricia L. Morgan, Clerk