Matter of McDonald (Luppino)
2012 NY Slip Op 07432 [100 AD3d 1353]
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


—[*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 July 5, 2011. The order, inter alia, removed Idalynn Luppino McDonald as trustee and appointed Thomas F. Hewner, Esq. as successor trustee.

It is hereby ordered that the order so appealed from is unanimously vacated on the law without costs.

Same memorandum as in Matter of McDonald (Luppino) (100 AD3d —, 2012 NY Slip Op 07430 [2012]). Present—Centra, J.P., Peradotto, Carni, Lindley and Sconiers, JJ.