Matter of McDonald (Luppino)
2012 NY Slip Op 07433 [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


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. 4.)

[*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 August 29, 2011. The order, inter alia, directed Idalynn Luppino McDonald to pay attorney fees to Kevin T. Stocker, Esq.

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

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