| Manufacturers & Traders Trust Co. v Mertz |
| 2005 NY Slip Op 08556 [23 AD3d 1160] |
| Decided on November 10, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on November 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., HURLBUTT, GORSKI, SMITH, AND LAWTON, JJ.
1383.1 CA 04-02883
[*1]MANUFACTURERS & TRADERS TRUST COMPANY, PLAINTIFF-RESPONDENT, ORDER
v
VIRGINIA A. MERTZ, AS EXECUTRIX OF THE ESTATE OF FREDERICK J. MERTZ, DECEASED, AND VIRGINIA A. MERTZ, INDIVIDUALLY, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 1.)
Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered May 19, 2004. The order, inter alia, denied the motion of defendant Virginia A. Mertz, as executrix of the estate of Frederick J. Mertz, deceased, and Virginia A. Mertz, individually, to dismiss the complaint against her.
WOLFORD & LECLAIR LLP, ROCHESTER (MARY JO S. KORONA OF COUNSEL), FOR DEFENDANT-APPELLANT.
WOODS OVIATT GILMAN LLP, ROCHESTER (PAUL S. GROSCHADL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
HISCOCK & BARCLAY, LLP, ROCHESTER (THOMAS B. CRONMILLER OF COUNSEL), FOR DEFENDANT FRANK INSERO, CPA, AS TRUSTEE OF THE TRUST CREATED UNDER THE LAST WILL AND TESTAMENT OF FREDERICK J. MERTZ.
Now, upon the stipulation and order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered October 21, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: November 10, 2005
JoAnn M. Wahl
Clerk of the Court