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MATTER OF TRUSTCO (LALLY)

2008-611/E.

37 Misc.3d 1045 (2012)

954 N.Y.S.2d 411

2012 NY Slip Op 22309

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. In the Matter of the Estate of VERA O. CHASE, Deceased. In the Matter of the Estate of MARY G. YORK, Deceased.

Surrogate's Court, Schenectady County.

October 19, 2012.

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., Now Known as St. Clare's Corporation, respondent.

Tabner, Ryan and Keniry, LLP, Albany ( William J Keniry of counsel), for Ellis Hospital and another, respondents.

Higgins, Roberts, Beyerl & Coan, P.C., Niskayuna ( Michael R. Suprunowicz of counsel), for Trustco Bank, Formerly Known as Trustco Bank New York, petitioner in the first above-entitled proceeding.

Cioffi Slezak Wildgrube, P.C., Schenectady ( Cristine Cioffi of counsel), for Trustco Bank, petitioner in the second above-entitled proceeding, and Frances L. Gagnon, petitioner in the third above-entitled proceeding.

Eric T. Schneiderman , Attorney General, Albany ( Patrick T Morphy of counsel), for ultimate charitable beneficiaries.

OPINION OF THE COURT

VINCENT W. VERSACI, S.

The fiduciaries in each of the above trust and estate matters have petitioned this court to apply the doctrine of cy pres as codified in EPTL 8-1.1 to the charitable dispositions made by each of their respective decedents to the St. Clare's Hospital of Schenectady, NY Foundation, Inc. In light of the commonality of issues, these matters were joined by stipulation of all interested

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