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MATTER OF DUERR

6978, SCI, 2385D/13.

162 A.D.3d 579 (2018)

75 N.Y.S.3d 903

2018 NY Slip Op 04676

In the Matter of Gerald J. Duerr. Sandra Branch Trust et al., Petitioners; Bonnie Diaz, Appellant, and New York State Attorney General, Respondent.

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

Decided June 26, 2018.

Even though the order appealed from did not resolve all of the disputes among the parties, it was not an improper advisory opinion because it set parameters for the litigation (see Matter of New York City Asbestos Litig., 130 A.D.3d 489, 490 [1st Dept 2015]).

It is undisputed that the 2012 Trust was never funded. Thus, it never became operative (see e.g. Pinckney v City Bank Farmers Trust Co., 249 App Div 375, 377...

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