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, CA 09-02079 AND CA 10-00139

Slip Opinion No: 2010 NY Slip Op 62649(U)

Decided on February 1, 2010

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.

February 1, 2010

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NOS. CA 09-02075, CA 09-02077, CA 09-02078, CA 09-02079 AND CA 10-00139
DOCKET NOS. CA 09-02075, CA 09-02077, CA 09-02078, CA 09-02079 AND CA 10-00139
DOCKET NOS. CA 09-02075, CA 09-02077, CA 09-02078, CA 09-02079 AND CA 10-00139
DOCKET NOS. CA 09-02075, CA 09-02077, CA 09-02078, CA 09-02079 AND CA 10-00139
DOCKET NOS. CA 09-02075, CA 09-02077, CA 09-02078, CA 09-02079 AND CA 10-00139

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.)
FEBRUARY 1, 2010
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.
FEBRUARY 1, 2010
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.
FEBRUARY 1, 2010
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.)
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. 5.)
FEBRUARY 1, 2010
PAGE 5

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, September 16, 2009 and December 31, 2009,

Now, upon reading and filing the affirmation of Mitchell T. Williams dated January 14, 2010, 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, September 16, 2009 and December 31, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: February 1, 2010

Patricia L. Morgan, Clerk