| Matter of Makowski |
| 2004 NY Slip Op 09975 [13 AD3d 1212] |
| December 30, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of the Estate of Edward Makowski, Deceased. Josephine Graczyk et al., Respondents; David Dale, Appellant. (Appeal No. 2.) |
—[*1]Appeal from an order of the Surrogate's Court, Erie County (Joseph S. Mattina, S.), entered May 13, 2003. The order permanently removed respondent David Dale as executor of the estate, appointed HSBC Bank USA as permanent successor executor and directed respondent David Dale to file an accounting.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Same memorandum as in Matter of Makowski (13 AD3d 1210 [2004]). Present—Pigott, Jr., P.J., Green, Pine, Gorski and Lawton, JJ.