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PEROSI v. LiGRECI

2011-02446.

98 A.D.3d 230 (2012)

948 N.Y.S.2d 629

2012 NY Slip Op 5533

In the Matter of NICHOLAS PEROSI, as Trustee of the LIGRECI IRREVOCABLE INSURANCE TRUST UNDER AGREEMENT DATED NOVEMBER 5, 1992, et al., Appellants, v. JOHN T. LiGRECI, Respondent, et al., Respondent.

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

Decided July 11, 2012.

Attorney(s) appearing for the Case

Profeta & Eisenstein, New York City (Jethro M. Eisenstein of counsel), for appellants.

Behrins & Behrins, P.C., Staten Island (Bruce G. Behrins of counsel), for respondent-respondent.

SKELOS, J.P., BALKIN and LOTT, JJ., concur.

OPINION OF THE COURT

LEVENTHAL, J.

On this appeal we are asked to decide whether an irrevocable trust, which can be amended or revoked by the creator of such a trust with the written consent of the trust beneficiaries, can also be amended by the creator's attorney-in-fact. Under the facts presented, we answer this question in the affirmative.

On November 5, 1991, Nicholas LiGreci (hereinafter the creator...

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