Smith v Smith
2023 NY Slip Op 03575 [217 AD3d 1484]
June 30, 2023
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 9, 2023


[*1]
 Christopher Smith et al., as Trustees of the Jay and Patricia Irrevocable Trust, Respondents,
v
Anna J. Smith, as Trustee of the Theodore P. Smith Income Only Irrevocable Trust and as Executor of the Estate of Theodore P. Smith, Deceased, Appellant. (Appeal No. 1.)

Law Offices of Anna Smith, Herkimer (Anna J. Smith of counsel), for defendant-appellant.

Bond, Schoeneck & King PLLC, Syracuse (Kevin G. Cope of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Herkimer County (John H. Crandall, A.J.), entered June 21, 2021. The order modified a temporary restraining order.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Smith v Smith ([appeal No. 2] 217 AD3d 1484 [4th Dept 2023]). Present—Smith, J.P., Peradotto, Curran, Bannister and Montour, JJ.