Matter of Rivas
2012 NY Slip Op 01982 [93 AD3d 1233]
March 16, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 25, 2012


In the Matter of the Trust under the Agreement of Helen W. Rivas, as Donor, The University of Rochester, as Donee, Appellant. Bank of America, N.A., as Successor to Security Trust Company of Rochester, Trustee, Respondent.

—[*1] The Wolford Law Firm LLP, Rochester (Michael R. Wolford of counsel), for respondent-appellant.

Chamberlain D'Amanda, Oppenheimer & Greenfield LLP, Rochester (Edward C. Radin of counsel), for petitioner-respondent.

Appeal from a decree (denominated order) of the Surrogate's Court, Monroe County (Edmund A. Calvaruso, S.), entered January 5, 2011. The decree disallowed the proposed investment of the trust assets in respondent's long term investment pool.

It is hereby ordered that the decree so appealed from is unanimously affirmed without costs for reasons stated in the decision by the Surrogate. Present—Centra, J.P., Fahey, Sconiers and Martoche, JJ.