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MATTER OF ESTATE OF MASTROIANNI

515506.

105 A.D.3d 1136 (2013)

962 N.Y.S.2d 780

2013 NY Slip Op 2313

In the Matter of the Estate of ARMOND X. MASTROIANNI, Deceased. NATHANIEL H. DAFFNER, as Trustee of Certain Trusts Made by the Will of ARMOND X. MASTROIANNI, Deceased, Respondent, MARY V. MASTROIANNI et al., Appellants, et al., Respondents. (Proceeding No. 1.) In the Matter of the Estate of ARMOND X. MASTROIANNI, Deceased. MARY DRESCHER, Appellant, NATHANIEL H. DAFFNER, as Trustee of Certain Trusts Made by the Will of ARMOND X. MASTROIANNI, Deceased, Respondent, et al., Respondents. (Proceeding No. 2.)

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 4, 2013.

McCarthy, J.

Appeal from an order of the Surrogate's Court of Schenectady County (Versaci, S.), entered August 6, 2012, which, among other things, dismissed Mary Drescher's application to compel an intermediate accounting of certain trusts.

Nathaniel H. Daffner is the trustee of two testamentary trusts of decedent's estate. The sole assets of the trusts are shares of Mastroianni Brothers, Inc., a corporation that operates a bakery. In 2009, respondent Mary...

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