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IN THE MATTER OF CUTTITTO FAMILY TRUST

10 A.D.3d 656 (2004)

781 N.Y.S.2d 696

In the Matter of CUTTITTO FAMILY TRUST. GEORGE CUTTITTO, Respondent; JESSIE FANARA, Appellant.

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

September 13, 2004.

In a proceeding, inter alia, to discover trust assets, Jessie Fanara appeals from an order of the Surrogate's Court, Suffolk County (Braslow, S.), entered March 31, 2003, which denied her motion for summary judgment dismissing the petition.

Ordered that the order is affirmed, with costs.

"[I]n order to obtain summary judgment there must be no triable issue of fact presented and . . . even the color of a triable issue...

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