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WILTBERGER v. ALLEN

152 CA 23-01176.

2024 NY Slip Op 01635

VIRGINIA WILTBERGER, AS TRUSTEE AND BENEFICIARY OF THE WALTER N. WELSCH 2006 IRREVOCABLE TRUST, Plaintiff-Appellant, v. TIMOTHY ALLEN, BEVERLY BRITZZALARO, LOUISE MACVIE AND TERRENCE WELSCH, AS TRUSTEES OF THE WALTER N. WELSCH 2006 IRREVOCABLE TRUST, AND CHARLES W. CHIAMPOU, AS TRUST PROTECTOR OF THE WALTER N. WELSCH 2006 IRREVOCABLE TRUST, Defendants-Respondents.

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

Decided March 22, 2024.

Attorney(s) appearing for the Case

LIPPES MATHIAS LLP, BUFFALO ( BRENDAN H. LITTLE OF COUNSEL), FOR PLAINTIFF-APPELLANT.

PHILLIPS LYTLE LLP, BUFFALO ( JOSHUA GLASGOW OF COUNSEL), FOR DEFENDANTS-RESPONDENTS TIMOTHY ALLEN, BEVERLY BRITZZALARO, LOUISE MACVIE AND TERRENCE WELSCH, AS TRUSTEES OF THE WALTER N. WELSCH 2006 IRREVOCABLE TRUST.

ZDARSKY, SAWICKI & AGOSTINELLI LLP, BUFFALO ( JOSEPH E. ZDARSKY OF COUNSEL), FOR DEFENDANT-RESPONDENT CHARLES W. CHIAMPOU, AS TRUST PROTECTOR OF THE WALTER N. WELSCH 2006 IRREVOCABLE TRUST.

PRESENT: WHALEN, P.J., BANNISTER, MONTOUR, OGDEN, AND DELCONTE, JJ.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered January 27, 2023. The order, insofar as appealed from, denied the motion of plaintiff to compel the production of documents.

It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law without costs, the first ordering paragraph is vacated, the motion to the extent that it sought an in camera review is granted and the matter is remitted to...

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