Matter of Wagner
2014 NY Slip Op 05716 [120 AD3d 919]
August 8, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 24, 2014


[*1]
 In the Matter of the Estate of John Wagner, Deceased. Canandaigua National Bank and Trust Company et al., Respondents; Colin Desrosiers et al., Appellants. (Appeal No. 1.)

Lacy Katzen LLP, Rochester (Rachelle H. Nuhfer of counsel), for objectants-appellants.

Law Office of Heidi W. Feinberg, Rochester (Heidi W. Feinberg of counsel), for petitioner-respondent.

Woods Oviatt Gilman LLP, Rochester (René H. Reixach of counsel), for objectant-respondent.

Appeal from an order of the Surrogate's Court, Monroe County (Edmund A. Calvaruso, S.), entered July 18, 2013. The order, among other things, terminated a testamentary trust.

It is hereby ordered that said appeal is unanimously dismissed.

Same memorandum as in Matter of Wagner ([appeal No. 2] 120 AD3d 919 [2014]). Present—Smith, J.P., Peradotto, Lindley, Sconiers and Whalen, JJ.