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SMITH v. SMITH

187 CA 21-00874.

217 A.D.3d 1490 (2023)

190 N.Y.S.3d 544

2023 NY Slip Op 03578

Christopher Smith et al., as Trustees of the Jay and Patricia Smith Irrevocable Trust, Respondents, v. Theodore P. Smith Income Only Irrevocable Trust, Appellant.

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

Decided June 30, 2023.

Attorney(s) appearing for the Case

LAW OFFICES OF ANNA SMITH, HERKIMER ( ANNA J. SMITH of counsel), FOR DEFENDANT-APPELLANT.

BOND, SCHOENECK & KING, PLLC, SYRACUSE ( KEVIN G. COPE of counsel), FOR PLAINTIFFS-RESPONDENTS.

Present—Smith, J.P., Peradotto, Curran, Bannister and Montour, JJ.

Appeal from an order of the Supreme Court, Herkimer County (John H. Crandall; A.J.), entered May 11, 2021. The order, among other things, granted a temporary restraining order.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Defendant appeals from an order insofar as it granted plaintiffs' request for a temporary restraining order prohibiting defendant from conducting mining operations of any kind during the pendency...

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