MATTER OF TIMOTHY ALLEN, BEVERLEY BRITZZALARO, LOUISE MACVIE, TERRANCE WELSCH AND ARTHUR WINGERTER, ALL AS TRUSTEES OF
Motion No: CA 22-00150
Slip Opinion No: 2022 NY Slip Op 73961(U)
Decided on October 31, 2022
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


October 31, 2022

PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, AND LINDLEY, JJ.

CA 22-00150

MATTER OF TIMOTHY ALLEN, BEVERLEY BRITZZALARO,

LOUISE MACVIE, TERRANCE WELSCH AND ARTHUR WINGERTER,

ALL AS TRUSTEES OF THE WALTER N. WELSCH 2006 IRREVOCABLE

TRUST, AND CHARLES W. CHIAMPOU, AS THE TRUST PROTECTOR OF

THE WALTER N. WELSCH 2006 IRREVOCABLE TRUST,

PETITIONERS-RESPONDENTS-APPELLANTS,

V

MICHAEL ANNALETT AND VIRGINIA WILTBERGER, AS TRUSTEES OF

THE WALTER N. WELSCH 2006 IRREVOCABLE TRUST,

RESPONDENTS-APPELLANTS-RESPONDENTS.


Petitioners having moved to vacate the dismissals of the cross-appeals taken herein from an order of the Supreme Court, Erie County, entered December 22, 2021,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are granted on the condition that petitioners serve and file briefs pursuant to 22 NYCRR 22 1250.9 (f) (1) (iv) on or before November 25, 2022.

Entered: October 31, 2022

Ann Dillon Flynn

Clerk of the Court