| IN THE MATTER OF THE APPLICATION OF PRISCILLA B. DUNCAN, FOR THE REMOVAL OF A TRUSTEE IN THE ESTATE OF JOHN E. DUNCAN |
| Motion No: CA 11-00026 |
| Slip Opinion No: 2011 NY Slip Op 83562(U) |
| Decided on September 13, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-00026
| IN THE MATTER OF THE APPLICATION OF PRISCILLA B. DUNCAN, FOR THE
REMOVAL OF A TRUSTEE IN THE ESTATE OF JOHN E. DUNCAN, DECEASED. PRISCILLA B. DUNCAN, APPELLANT, PEGGY ANN ROOT, VIRGINIA N.
HOFFMAN, PAMELA MCNEIL, ROCCO LUCENTE, II, ESQ., AS GUARDIAN AD LITEM FOR PRISCILLA DUNCAN, AND JAMES DUNCAN,
RESPONDENTS. |
Appellant having moved to withdraw the appeal from the order of Erie County Surrogate's Court entered in the Office of the Clerk of said court on October 4, 2010,
Now, upon reading and filing the affidavit of Jennifer G. Flannery, Esq., sworn to August 4, 2011, the notice of motion with proof of service thereof, the affirmation of Paul J. Smaldone, Esq., dated August 12, 2011, and the affirmation of Lisa T. Sofferin, Esq., dated August 15, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to withdraw the appeal from the order entered October 4, 2010, is granted and the appeal is marked as withdrawn.
Entered: September 13, 2011
Patricia L. Morgan, Clerk