MATTER OF LALLY

516107

112 A.D.3d 1099 (2013)

976 N.Y.S.2d 701

2013 NY Slip Op 8313

In the Matter of a Trust Created by KENNETH T. LALLY, Deceased. TRUSTCO BANK, Formerly Known as TRUSTCO BANK NEW YORK, as Trustee of the Trusts Under Agreement of KENNETH T. LALLY, Deceased, Petitioner; ELLIS HOSPITAL et al., Respondents. (Proceeding No. 1.) In the Matter of the Estate of VERA O. CHASE, Deceased. TRUSTCO BANK, Formerly Known as TRUSTCO BANK NEW YORK, as Executor of VERA O. CHASE, Deceased, Petitioner; ST. CLARE'S HOSPITAL OF SCHENECTADY, N.Y. FOUNDATION, INC., et al., Appellants; ELLIS HOSPITAL et al., Respondents. (Proceeding No. 2.) In the Matter of the Estate of MARY G. YORK, Deceased. FRANCES L. GAGNON, as Executor of MARY G. YORK, Deceased, Petitioner; ERIC T. SCHNEIDERMAN, as Attorney General of the State of New York, et al., Respondents. (Proceeding No. 3.)

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

Decided December 12, 2013.


LAHTINEN, J.

Appeal from an order of the Surrogate's Court of Schenectady County (Versaci, S.), entered October 19, 2012, which, among other things, denied a motion by respondents St. Clare's Hospital of Schenectady, N.Y. Foundation, Inc. and St. Clare's Corporation for summary judgment.

Petitioners, fiduciaries of a trust and wills involving three decedents, commenced these proceedings to obtain an order regarding...

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