MATTER OF TUMMINELLO v. BOLTEN


59 A.D.3d 727 (2009)

873 N.Y.S.2d 731

In the Matter of LAWRENCE TUMMINELLO, Appellant, v. FLORENCE BOLTEN, Respondent.

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

Decided February 24, 2009.


Ordered that the order is affirmed insofar as appealed from, with costs payable by the petitioner personally.

The petitioner commenced this proceeding to compel his sister, the respondent, to render a final account as the trustee of the trust that their father Fred Tumminello created on March 7, 1996 (hereinafter the Trust). The Trust provided that, upon the father's death, one third of the trust remainder was to be distributed to the petitioner, with the remaining...

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