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SMITH v. SMITH

180 CA 21-00995.

217 A.D.3d 1484 (2023)

190 N.Y.S.3d 542

2023 NY Slip Op 03575

Christopher Smith et al., as Trustees of the Jay and Patricia Irrevocable Trust, 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, Appellant. (Appeal No. 1.).

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

Decided June 30, 2023.

Attorney(s) appearing for the Case

LAW OFFICES OF ANNA SMITH, HERKIMER (ANNA J. SMITH of counsel), FOR DEFENDANT-APPELLANT.

BOND, SCHOENECK & KING PLLC, SYRACUSE (KEVIN G. COPE of counsel), FOR PLAINTIFFS-RESPONDENTS.

Present—Smith, J.P., Peradotto, Curran, Bannister and Montour, JJ.

Appeal from an order of the Supreme Court, Herkimer County (John H. Crandall, A.J.), entered June 21, 2021. The order modified a temporary restraining order.

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

Same memorandum as in Smith v Smith ([appeal No. 2] 217 A.D.3d 1484 [4th...

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