In the Matter of the Application of FrenchAmerican Aid for Children

Motion No: M-5602

Slip Opinion No: 2017 NYSlipOp 64467(U)

Decided on February 16, 2017

Appellate Division, First 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 16, 2017

In the Matter of the Application of

French-American Aid for Children, Inc.

for a Declaration of the Invalidity of

a Purported Trust u/a dated March 25,

2010 between French-American Aid for

Children, Inc., as Grantor, and Joerg

Klebe and Diane Ackerman, as Trustees,

as Purportedly Amended by Instruments Surrogate's Court

dated May 16, 2012 and April 29, 2013, or in the Alternative, for a Declaration File No. 2015-2312

of the Invalidity of the Aforesaid

Purported Trust,

French-American Aid for Children, Inc.

and the Attorney General of the State of

New York,

Respondents,

Joerg Klebe,

Appellant.

Respondent French-American Aid for Children, Inc. having moved for dismissal of the appeal taken from a decree of the Surrogate's Court, New York County, dated on or about January 3, 2017, Now, upon reading and filing the papers with respect to the motion, including the stipulation of the parties hereto dated

November 1, 2016, and due deliberation having been had thereon, It is ordered that the motion is deemed withdrawn. Entered: February 16, 2017

_____________________ DEPUTY CLERK

PRESENT: Hon. Peter Tom, Justice Presiding, David Friedman John W. Sweeny, Jr. Rolando T. Acosta Dianne T. Renwick, Justices

M-5602