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MATTER OF BONERB

756 CA 20-01232.

199 A.D.3d 1437 (2021)

159 N.Y.S.3d 278

2021 NY Slip Op 06487

In the Matter of the Guardianship of Whitney Bonerb and the Whitney Bonerb Credit Shelter Supplemental Needs Trust. James J. Bonerb, Respondent, v. Suzette Bonerb, Appellant, and Lisa J. Allen, Esq., as Co-Trustee of the Whitney Bonerb Supplemental Needs Trust, et al., Respondents.

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

Decided November 19, 2021.

Attorney(s) appearing for the Case

KAVINOKY COOK LLP, BUFFALO ( LAURENCE K. RUBIN OF COUNSEL), FOR RESPONDENT-APPELLANT.

McCARTHY WILLIAMS PLLC, BUFFALO ( CHANEL T. McCARTHY OF COUNSEL), FOR RESPONDENT-RESPONDENT CHANEL T. McCARTHY, ESQ., AS GUARDIAN AD LITEM.

Present— Smith, J.P., Peradotto, Bannister and DeJoseph, JJ.

It is hereby ordered that the decree so appealed from is unanimously modified on the law by vacating those parts granting the petitions and removing respondent Suzette Bonerb as co-guardian of the person of Whitney Bonerb and co-trustee of the Whitney Bonerb Credit Shelter Supplemental Needs Trust, and as modified the decree is affirmed without costs and the matter is remitted to Surrogate's Court, Erie County, for further proceedings.

Memorandum: Petitioner and Suzette...

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