| Smith v Theodore P. Smith Income Only Irrevocable Trust |
| 2023 NY Slip Op 03578 [217 AD3d 1490] |
| June 30, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Christopher Smith et al., as Trustees of the Jay and
Patricia Smith Irrevocable Trust, Respondents, v Theodore P. Smith Income Only Irrevocable Trust, Appellant. |
Law Offices of Anna Smith, Herkimer (Anna J. Smith of counsel), for defendant-appellant.
Bond, Schoeneck & King, PLLC, Syracuse (Kevin G. Cope of counsel), for plaintiffs-respondents.
Appeal from an order of the Supreme Court, Herkimer County (John H. Crandall, A.J.), entered May 11, 2021. The order, among other things, granted a temporary restraining order.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Memorandum: Defendant appeals from an order insofar as it granted plaintiffs' request for a temporary restraining order prohibiting defendant from conducting mining operations of any kind during the pendency of the proceedings. We conclude that the appeal must be dismissed inasmuch as that order was modified by a subsequent temporary restraining order (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051, 1051 [4th Dept 1990]). Present—Smith, J.P., Peradotto, Curran, Bannister and Montour, JJ.