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STATE v. COYLE

171 A.D.2d 288 (1991)

State of New York, Appellant-Respondent, v. Joseph Coyle et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 7, 1991

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Clifford A. Royael and Nancy A. Spiegel of counsel), for appellant-respondent.

Friedman & Manning, P. C. (Jeremiah F. Manning of counsel), for respondents-appellants.

MAHONEY, P. J., WEISS and CREW III, JJ., concur.

CASEY, J.

At issue on this appeal is whether the corpus of a trust created by defendant Joseph Coyle (hereinafter defendant) in 1986 is available to pay plaintiff for services rendered during the period from December 18, 1984 through May 31, 1989 when defendant received treatment at two of plaintiff's mental health facilities. EPTL 7-3.1 (a) provides that "[a] disposition in trust for the use of the creator...

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