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MATTER OF TRUSTCO BANK

2008-611/E

33 Misc.3d 745 (2011)

929 N.Y.S.2d 707

2011 NY Slip Op 21324

In the Matter of TRUSTCO BANK, Formerly Known as TRUSTCO BANK NEW YORK, as Trustee of the Kenneth T. Lally Revocable Trust and Others, Created Under Agreement with KENNETH T. LALLY, Deceased, Dated November 24, 1993.

Surrogate's Court, Schenectady County.

Decided September 8, 2011.

Attorney(s) appearing for the Case

Hiscock & Barclay, LLP, Albany ( Stephen H. Volkheimer of counsel), for St. Clare's Hospital of Schenectady, NY Foundation, Inc., respondent. Eric T. Schneiderman , Attorney General, Albany ( Patrick T. Morphy of counsel), for ultimate charitable beneficiaries. Tabner, Ryan & Keniry, LLP, Albany ( William J. Keniry of counsel), for Ellis Hospital and another. Higgins, Roberts, Beyerl & Coan, P.C., Niskayuna ( Michael R. Suprunowicz of counsel), for Trustco Bank, Formerly Known as Trustco Bank New York, petitioner.

OPINION OF THE COURT

VINCENT W. VERSACI, S.

The petitioner, Trustco Bank, formerly known as Trustco Bank New York (hereinafter Trustco Bank), commenced this cy pres proceeding pursuant to EPTL 8-1.1 (c) to determine whether St. Clare's Hospital's relinquishment of its license to operate as a hospital renders the administration of the subject charitable trusts according to their literal terms impractical...

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