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IN THE MATTER OF FLEET NATL. BANK

6253-01.

2008 NY Slip Op 28246

IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE FINAL ACCOUNT OF PROCEEDINGS OF FLEET NATIONAL BANK, as Trustee of the Trusts Under Agreement of Jane M. Hummel, deceased, dated May 9, 1991 IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE FINAL ACCOUNT OF PROCEEDINGS OF FLEET NATIONAL BANK, as Trustee of the Trusts Under Agreement of Vincent D. Hummel, deceased, dated May 9, 1991

Supreme Court of the State of New York, Albany County.

Decided June 30, 2008.

Attorney(s) appearing for the Case

Maynard, O'Connor, Smith & Catalinotto, LLP, Bank of New York N.A., Albany, NY, Attorneys For Petitioner, (James R. Schultz, Esq., of Counsel)

Featherstonhaugh, Wiley, Clyne and Cordo LLP, Attorneys For The First United Methodist Church of Delmar Albany, NY, (Stephen J. Wiley, Esq., of Counsel)

David R. Sheridan, Esq., Attorney for Albany Medical Center Hospital and Albany Medical Center Hospital-South Clinical Campus, Delmar, NY, Andrew M. Cuomo, Attorney General of the State of New York, Albany, NY, (Donald P. Segal, Esq., Assistant Attorney General, of Counsel)

GEORGE B. CERESIA, Jr., J.

On December 19, 2007 the undersigned issued an order, based upon the written consent of all parties, transferring the above matters, then pending in Albany County Supreme Court, to Albany County Surrogate Court. In a letter-order dated March 14, 2008 the Court advised the parties that it was considering vacating the December 19, 2007 order on grounds that Surrogate Court does not have subject matter jurisdiction to entertain the proceedings...

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