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 64536(U)
Decided on March 17, 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.


March 17, 2023

PRESENT: WHALEN, P.J., LINDLEY, MONTOUR, OGDEN, AND GREENWOOD, 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 respondent Life Storage, Inc. having moved to withdraw its brief and for other relief,

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 insofar as it seeks to withdraw its brief is granted and the brief is stricken, and

It is further ORDERED that the motion is in all other respects dismissed as unnecessary.

Entered: March 17, 2023

Ann Dillon Flynn

Clerk of the Court