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MATTER OF ALLEN v. ANNALETT

255 CA 22-00150.

214 A.D.3d 1359 (2023)

183 N.Y.S.3d 880

2023 NY Slip Op 01424

In the Matter of Timothy Allen et al., All as Trustees of the Walter N. Welsch 2006 Irrevocable Trust, et al., Respondents-Appellants, v. Michael Annalett et al., as Trustees of the Walter N. Welsch 2006 Irrevocable Trust, Appellants-Respondents, and Michael J. Moley, Respondent.

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

Decided March 17, 2023.

Attorney(s) appearing for the Case

BARCLAY DAMON LLP, BUFFALO ( JENNIFER G. FLANNERY OF COUNSEL), FOR RESPONDENT-APPELLANT-RESPONDENT MICHAEL ANNALETT, AS TRUSTEE OF THE WALTER N. WELSCH 2006 IRREVOCABLE TRUST.

LIPPES MATHIAS LLP, BUFFALO ( BRENDAN H. LITTLE OF COUNSEL), FOR RESPONDENT-APPELLANT-RESPONDENT VIRGINIA WILTBERGER, AS TRUSTEE OF THE WALTER N. WELSCH 2006 IRREVOCABLE TRUST.

PHILLIPS LYTLE LLP, BUFFALO ( JOSHUA GLASGOW OF COUNSEL), FOR PETITIONERS-RESPONDENTS-APPELLANTS TIMOTHY ALLEN, BEVERLEY

Present—Lindley, J.P., Curran, Bannister and Montour, JJ.

Appeals and cross appeals from a judgment (denominated order) of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered December 22, 2021. The judgment, among other things, declared that petitioner Charles W. Chiampou, as the trust protector of the Walter N. Welsch 2006 Irrevocable Trust, possessed the authority to remove respondent Michael Annalett as the independent trustee.

It is hereby ordered that the judgment so appealed from is unanimously affirmed...

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