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IN THE MATTER OF FLEET NATIONAL BANK

20 Misc.3d 879 (2008)

864 N.Y.S.2d 706

In the Matter of the Judicial Settlement of the Final Account of Proceedings of FLEET NATIONAL BANK, as Trustee of the Trusts Under Agreement of JANE M. HUMMEL, Deceased, Dated May 9, 1991. In the Matter of the Judicial Settlement of the Final Account of Proceedings of FLEET NATIONAL BANK, as Trustee of the Trusts Under Agreement of VINCENT D. HUMMEL, Deceased, Dated May 9, 1991.

Supreme Court, Albany County.

June 30, 2008.

Attorney(s) appearing for the Case

Maynard, O'Connor, Smith & Catalinotto, LLP, Albany (James R. Schultz of counsel), petitioner.

Featherstonhaugh, Wiley, Clyne & Cordo LLP, Albany (Stephen J. Wiley of counsel), for First United Methodist Church of Delmar.

David R. Sheridan, Delmar, for Albany Medical Center Hospital and another.

Andrew M. Cuomo, Attorney General, Albany (Donald P. Segal of counsel), for charitable remaindermen.

OPINION OF THE COURT

GEORGE B. CERESIA, JR., J.

On December 19, 2007 the undersigned issued an order, based upon the written consent of all parties, transferring the above matters, then pending in Albany County Supreme Court, to Albany County Surrogate's Court. In a letter-order dated March 14, 2008 the court advised the parties that it was considering vacating the December 19, 2007 order on grounds that the Surrogate's Court does not have subject matter...

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