Matter of Manufacturers & Traders Trust Co. v M&T Bank Corp.
2009 NY Slip Op 09974 [68 AD3d 1825]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


In the Matter of Manufacturers and Traders Trust Company (Formerly Merchants National Bank and Trust Company of Syracuse), a Cotrustee of the David Small Trust under Agreement Dated December 28, 1938, Respondent-Appellant, to Resign as Trustee and for Approval of its Accounting. Joan Small Fanelli et al., Individually and as Beneficiaries of the Trust of David Small, Appellants-Respondents. Joan Small Fanelli et al., Individually and as Beneficiaries of the Trust of David Small, Appellants-Respondents,
v
M&T Bank Corporation, as Trustee of the Trust of David Small, Respondent-Appellant.

[*1]—Motions for reargument or leave to appeal to the Court of Appeals denied. Present—Smith, J.P., Peradotto, Carni and Green, JJ.