| Manufacturers & Traders Trust Co. v Mertz |
| 2005 NY Slip Op 08558 [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.
1383.3 CA 04-02885
[*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, ET AL., DEFENDANTS, CAROL A. LAMENDOLA, JOHN F. MERTZ, STEVEN C. MERTZ, SANDRA F. MC CABE AND PAUL J. MERTZ, DEFENDANTS-APPELLANTS. (APPEAL NO. 3.)
Appeal from a judgment of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered September 3, 2004. The judgment, upon a decision of the court, was entered in favor of plaintiff and against defendants Carol A. Lamendola, John F. Mertz, Steven C. Mertz, Sandra F. McCabe and Paul J. Mertz in the amount of $123,329.60.
GATES & ADAMS, P.C., ROCHESTER (ANTHONY J. ADAMS, JR., OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
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