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MATTER OF R.W. BURROWS GRANTOR FAMILY TRUST

868 CA 22-00967.

222 A.D.3d 1389 (2023)

202 N.Y.S.3d 602

2023 NY Slip Op 06633

In the Matter of R.W. Burrows Grantor Family Trust. Michael L. Lengvarsky, Trustee of the R.W. Burrows Grantor Family Trust, Appellant; Ji Ting Wang-Burrows et al., Respondents; Ava Burrows et al., Appellants.

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

Decided December 22, 2023.

Attorney(s) appearing for the Case

McCARTER & ENGLISH, LLP, NEW YORK CITY ( TIMOTHY M. FERGES OF COUNSEL), FOR PETITIONER-APPELLANT.

BOUSQUET HOLSTEIN PLLC, SYRACUSE ( CECELIA R.S. CANNON OF COUNSEL), FOR APPELLANTS.

McCARTHY FINGAR LLP, WHITE PLAINS ( ROBERT H. ROSH OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Present—Smith, J.P., Bannister, Ogden, Greenwood and DelConte, JJ.

Appeal from an order of the Surrogate's Court, Herkimer County (John H. Crandall, S.), entered May 24, 2022. The order, among other things, dismissed the petition.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the cross-motion insofar as it sought summary judgment dismissing the petition, reinstating the petition, and vacating that part of the order that denied as moot...

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