IN THE MATTER OF THE APPOINTMENT OF HON. RANDOLPH F. TREECE (RET.) AS ATTORNEY TRUSTEE OF THE PETER AND ELIZABETH C.
Motion No: CA 24-00877
Slip Opinion No: 2025 NY Slip Op 66082(U)
Decided on April 1, 2025
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.


April 1, 2025

PRESENT: WHALEN, P.J., BANNISTER, OGDEN, GREENWOOD, AND KEANE, JJ.

CA 24-00877

IN THE MATTER OF THE APPOINTMENT OF HON. RANDOLPH F. TREECE (RET.) AS ATTORNEY TRUSTEE OF THE PETER AND ELIZABETH C. TOWER IRREVOCABLE TRUST



CYNTHIA T. DOYLE AND MOLLIE T. BYRNES,

PETITIONERS-APPELLANTS;

JOHN N. BLAIR, INTERVENOR-RESPONDENT.


Appellants having moved to strike certain arguments in respondent's brief and the appendix thereto as dehors the record in the appeal taken herein from an order of the Supreme Court, Erie County, entered May 23, 2024, 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 is granted to the extent that Appendix A of respondent's brief, consisting of an order of the Erie County Surrogate's Court, dated November 21, 2024, and any reference thereto in respondent's brief, are hereby stricken, and

It is further ORDERED that the motion insofar as it seeks other relief is denied.

Entered: April 1, 2025

Ann Dillon Flynn

Clerk of the Court