PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND NEMOYER, JJ.

CA 21-00479

IN THE MATTER OF THE P. & E. T. FOUNDATION. JOHN BLAIR, ESQ. PETITIONER-APPELLANT; CYNTHIA T. DOYLE, ROBERT M. DOYLE, MOLLIE T. BYRNES, JOHN H. BYRNES, PETER BYRNES, MOLLY DOYLE, DONNA OWENS, JAMES WEISS, AND DAVID WELBOURN, RESPONDENTS-RESPONDENTS. ———————————————&m dash;—————— CHARITABLE BENEFICIARIES, INTERESTED PARTY-RESPONDENT.

Appellant having moved, upon the return of an order to show cause granted by the Honorable Erin M. Peradotto on April 2, 2021, for a preliminary injunction, pursuant to CPLR 5518 and CPLR article 63, directing that appellant John N. Blair, Esq., continue and remain as Attorney Trustee of the Peter and Elizabeth C. Tower Foundation and that appellant John N. Blair, Esq., as Attorney Trustee of the Peter and Elizabeth C. Tower Foundation, shall continue to act as authorized by the Seventh Amended Indenture and the related Governance Documents pending the hearing and determination of the appeal taken herein from an order of the Surrogate's Court, Erie County, entered March 30, 2021,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and it is directed that appellant John N. Blair, Esq., continue and remain as Attorney Trustee of the Peter and Elizabeth C. Tower Foundation and that appellant John N. Blair, Esq., as Attorney Trustee of the Peter and Elizabeth C. Tower Foundation, shall continue to act as authorized by the Seventh Amended Indenture and the related Governance Documents, on the condition that appellant perfects the appeal and posts an undertaking in the amount of $221,595 on or before June 25, 2021.

Entered: May 26, 2021

Mark W. Bennett

Clerk of the Court