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IN THE MATTER OF STATLER

27 A.D.3d 1163 (2006)

811 N.Y.S.2d 846

In the Matter of the Trust Created Under the Last Will and Testament of ELLSWORTH M. STATLER, Deceased, and the Indenture. WILLIAM J. CUNNINGHAM, JR., as Trustee of the Statler Foundation, Respondent; MARGUERITE COLLESANO, as Trustee of the Statler Foundation, Appellant; JOSEPH DI NARDO et al., Respondents. BERNARD A. TOLBERT et al., as Trustees of the Statler Foundation, Respondents. (Appeal No. 1.)

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

March 17, 2006.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

With respect to the order in appeal No. 1, we conclude that the Surrogate did not err in exercising her discretion under SCPA 1502 and the 1934 Indenture of Trust (Indenture) in appointing a successor to the trustee who resigned (see Matter of Statler's Will, 81 N.Y.S.2d 916, 918-919 [1948], affd 276 App Div 818 [1949...

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