Matter of Sills v Fleet Natl. Bank
2011 NY Slip Op 01176 [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. 4.)

—[*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 September 16, 2009. The order, among other things, adjudged that all reasonable fees and disbursements incurred by guardian ad litem Audrey Patrone Peartree in appeals of the court's decision and order dated May 19, 2009 and order dated July 26, 2009 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 Matter of Sills v Fleet Natl. Bank (81 AD3d 1422 [2011]). Present—Scudder, P.J., Fahey, Peradotto, Lindley and Martoche, JJ.