Estate of Sonnelitter v Estate of White
2014 NY Slip Op 01846 [115 AD3d 1160]
March 21, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 30, 2014


Estate of Evelyn Sonnelitter, Deceased, et al., Appellants-Respondents,
v
Estate of Joseph White, Deceased, by Carol Alabiso, as Executor, Respondent-Appellant, and Carol Alabiso et al., Respondents. (Appeal No. 1.)

—[*1] Hogan Willig, PLLC, Amherst (Corey Hogan of counsel), for plaintiffs-appellants-respondents.

Keenan Law Center, P.C., Hamburg (John J. Keenan of counsel), for defendant-respondent-appellant the Estate of Joseph White, Deceased, Carol Alabiso, Executor.

Lawrence C. Brown, Cheektowaga, for defendants-respondents.

Appeal and cross appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered May 26, 2011. The order found Joseph White to have breached his fiduciary duty.

It is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Smith, J.P., Peradotto, Lindley, Sconiers and Valentino, JJ.