| Matter of Statler |
| 2006 NY Slip Op 02033 [27 AD3d 1164] |
| March 17, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of the Trust Created Under the Last Will and Testament of Ellsworth M. Statler, Deceased, and the Indenture. Marguerite Collesano, as Trustee of the Statler Foundation, Appellant; Statler Foundation et al., Respondents. William J. Cunningham, Jr., et al., as Trustees of the Statler Foundation, Respondents. (Appeal No. 2.) |
—[*1]Appeal from an order of the Surrogate's Court, Erie County (Barbara Howe, S.), entered April 4, 2005. The order denied the petition for attorney's fees.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Same memorandum as in Matter of Statler (27 AD3d 1163 [2006]). Present—Pigott, Jr., P.J., Scudder, Kehoe, Smith and Pine, JJ.