MATTER OF MARK STEVEN WITKOWSKI, AS TRUSTEE OF THE EVA C. SMITH MEMORIAL TRUST FOR THE BENEFIT OF BETH L. HOSKINS, AND

MATTER OF MARK STEVEN WITKOWSKI, AS TRUSTEE OF THE EVA C. SMITH MEMORIAL TRUST FOR THE BENEFIT OF BETH L. HOSKINS, AND

Motion No: CA 22-00390

Slip Opinion No: 2023 NY Slip Op 61064(U)

Decided on January 23, 2023

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.

January 23, 2023

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.

CA 22-00390

MATTER OF MARK STEVEN WITKOWSKI, AS TRUSTEE OF THE
EVA C. SMITH MEMORIAL TRUST FOR THE BENEFIT OF
BETH L. HOSKINS, AND BETH L. HOSKINS,
PETITIONERS-APPELLANTS,
V
HS 570, INC., JOHN T. HOSKINS AND LIFE STORAGE,
INC., RESPONDENTS-RESPONDENTS.

An appeal having been taken from an order of the Supreme Court, Erie County, entered February 16, 2022, and petitioners-appellants having moved for an order substituting Mark Steven Witkowski in place of John V. Millane, III, as a petitioner-appellant herein, on the ground that John V. Millane, III, is no longer trustee of the Eva C. Smith Memorial Trust for the benefit of Beth L. Hoskins,

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 motion is granted and Mark Steven Witkowski is substituted in place of John V. Millane as a petitioner-appellant herein.

Entered: January 23, 2023

Ann Dillon Flynn

Clerk of the Court