Matter of McDonald (Luppino)
2012 NY Slip Op 07431 [100 AD3d 1352]
November 9, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


In the Matter of the Trusts for Stephanie McDonald et al., Created in the Will of Ignatius S. Luppino, Deceased. Stephanie McDonald et al., Respondents; Idalynn Luppino McDonald, Trustee, Appellant. (Appeal No. 2.)

[*1] Barry J. Donohue, Tonawanda, for respondent-appellant.

Kevin T. Stocker, Tonawanda, for petitioners-respondents.

Appeal from an order of the Surrogate's Court, Erie County (Barbara Howe, S.), entered April 13, 2011. The order, inter alia, denied the motion of Idalynn Luppino McDonald for leave to renew or reargue.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Matter of McDonald (Luppino) (100 AD3d 1349 [2012]). Present—Centra, J.P., Peradotto, Carni, Lindley and Sconiers, JJ.