Sills v Royston
2010 NY Slip Op 08309 [78 AD3d 1621]
November 12, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 19, 2011


Robert Sills et al., as Coexecutors of Angelina V. Sills, Deceased, Respondents-Appellants, v Joan Royston, Appellant-Respondent. (Action No. 1.) In the Matter of Robert Sills et al., as Coexecutors of Angeline V. Sills, Deceased, Respondents-Appellants,
v
Fleet National Bank et al., Respondents, and Joan Royston, Appellant-Respondent. (Proceeding No. 1.) (Appeal No. 1.)

—[*1] McDonough & Artz, P.C., Binghamton (Philip J. Artz of counsel), for defendant-appellant-respondent and respondent-appellant-respondent.

Gates & Adams, P.C., Rochester (Douglas Gates of counsel), for plaintiffs-respondents-appellants and petitioners-respondents-appellants.

Appeal and cross appeal from an order of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered October 7, 2009. The order, among other things, denied defendant's motion for an order dismissing action No. 1 and denied the motion made by respondents Joan Royston and Kirk Richardson to dismiss proceeding No. 1.

It is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs. Present—Martoche, J.P., Centra, Carni, Lindley and Pine, JJ.