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WAGNER v. LIBEN DESALVIO

52 A.D.3d 504 (2008)

860 N.Y.S.2d 146

LISA WAGNER et al., Appellants, v. THERESA LIBEN DESALVIO et al., Respondents.

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

Decided June 3, 2008.

Ordered that on the Court's own motion, the notice of appeal from the order is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment declaring that the appellants were not beneficiaries and have no interests in a trust created on November 2, 1999 by the decedent...

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