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ROCKWELL v. DESPART

533476, 533477, 533985.

212 A.D.3d 27 (2022)

2022 NY Slip Op 06971

ELIZABETH HALEY ROCKWELL, as Executor of the Estate of MARJORIE D. ROCKWELL, Deceased, Appellant, v. THOMAS DESPART, Respondent. LETITIA JAMES, as Attorney General of the State of New York, Proposed Intervenor-Appellant. (Action No. 1.) ELIZABETH HALEY ROCKWELL, as Executor of the Estate of MARJORIE D. ROCKWELL, Deceased, et al., Appellants, v. THE AUDUBON SOCIETY OF NEW YORK STATE, INC., Respondent, et al., Defendants. (Action No. 2.).

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

Decided December 8, 2022.

Attorney(s) appearing for the Case

Gleason, Dunn, Walsh & O'Shea, Albany (Richard C. Reilly of counsel), for Elizabeth Haley Rockwell, appellant.

The Baynes Law Firm, PLLC, Ravena (Brendan F. Baynes of counsel), for Thomas Despart, respondent.

Whiteman Osterman & Hanna LLP, Albany (Christopher M. McDonald of counsel), for The Audubon Society of New York State, Inc., respondent.

Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for proposed intervenor-appellant in action No. 1 and in her capacity under EPTL 8-1.1(f) in action No. 2.

CLARK and FISHER, JJ., concur with GARRY, P.J.; AARONS, J., concurs in part and dissents in part in a separate opinion in which PRITZKER, J., concurs.

OPINION OF THE COURT

Appeals (1) from an order of Supreme Court (Peter A. Lynch, J.), entered May 7, 2021 in Albany County, which, in action No. 1, denied the Attorney General's motion to, among other things, intervene, and (2) from an order of said court, entered April 28, 2021 in Albany County, which, in action No. 2, among...

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