Matter of Sills v Fleet Natl. Bank
2011 NY Slip Op 01175 [81 AD3d 1425]
February 18, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 30, 2011


In the Matter of Robert Sills et al., as Coexecutors of Angeline V. Sills, Deceased, Appellants,
v
Fleet National Bank et al., Respondents. Audrey Patrone Peartree, Guardian ad litem, Respondent. Robert Sills et al., as Coexecutors of Angeline V. Sills, Deceased, Appellants, v Fleet Bank et al., Respondents. Audrey Patrone Peartree, Guardian ad litem, Respondent. Robert Sills et al., as Coexecutors of Angeline V. Sills, Deceased, Appellants, v Joan Royston, Respondent. Audrey Patrone Peartree, Guardian ad litem, Respondent. (Appeal No. 3.)

—[*1] Gates & Adams, P.C., Rochester (Michael Steinberg of counsel), for petitioners-appellants and plaintiffs-appellants.

McDonough & Artz, P.C., Binghamton (Philip J. Artz of counsel), for respondent-respondent and defendant-respondent Joan Royston.

The Wolford Law Firm LLP, Rochester (Elizabeth A. Wolford of counsel), for respondent.

Underberg & Kessler LLP, Rochester (Paul V. Nunes of counsel), for respondent-respondent Fleet National Bank and defendant-respondent Fleet Bank.

Appeal from an order of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered July 31, 2009. The order granted the application of Audrey Patrone Peartree, as guardian ad litem for decedent Angeline V. Sills, to retain Elizabeth A. Wolford as counsel to represent her in an appeal of the court's decision and order dated January 28, 2009 and ordered that all reasonable fees and disbursements incurred by the guardian ad litem in that appeal be paid for by the estate of Angeline V. Sills.

It is hereby ordered that the order so appealed from is unanimously vacated without costs and the matter is remitted to Supreme Court, Steuben County, for further proceedings in accordance with the same memorandum as in Sills v Fleet Natl. Bank 81 AD3d 1422 [2011]). Present—Scudder, P.J., Fahey, Peradotto, Lindley and Martoche, JJ.