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SMITH v. SMITH

993 CA 23-00858.

2024 NY Slip Op 02477

CHRISTOPHER SMITH AND MICHAEL SMITH, AS TRUSTEES OF THE JAY AND PATRICIA SMITH IRREVOCABLE TRUST, Plaintiffs-Respondents, v. ANNA J. SMITH, AS TRUSTEE OF THE THEODORE P. SMITH INCOME ONLY IRREVOCABLE TRUST, AND AS EXECUTOR OF THE ESTATE OF THEODORE P. SMITH, DECEASED, Defendant-Appellant. (Appeal No. 3.)

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

Decided May 3, 2024.

Attorney(s) appearing for the Case

HANCOCK ESTABROOK, LLP, SYRACUSE ( JANET D. CALLAHAN , OF COUNSEL), FOR DEFENDANT-APPELLANT.

BOND SCHOENECK & KING, PLLC, SYRACUSE ( DANIEL J. PAUTZ , OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

PRESENT: SMITH, J.P., CURRAN, MONTOUR, GREENWOOD, AND NOWAK, JJ.

Appeal from an order of the Supreme Court, Herkimer County (John H. Crandall, A.J.), entered May 5, 2023. The order, inter alia, directed the public sale of certain real property.

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

Same memorandum as in Smith v Smith ([appeal No. 4] ___ AD3d ___ [May 3, 2024] [4th...

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