Matter of Piel

2007 NYSlipOp 02211

March 16, 2007

Appellate Division, Fourth Department

As corrected through Wednesday, May 9, 2007

In the Matter of the Accounting by Fleet Bank, Respondent, as Trustee of the Trust for the Benefit of Barbara W. Piel, Now Deceased, Under Indenture with Florence S. Woodward, Dated February 4, 1963. Elizabeth McNabb, Intervenor-Appellant; Lila Piel-Ollmann et al., Respondents and Eugene P. LaBue, Esq., Guardian ad Litem. (Appeal No. 2.)

—[*1]Boylan Law Office, LLP, Leroy (Paul S. Boylan of counsel), for intervenor-appellant.

Harris Beach PLLC, Pittsford (Edward D. Bloom of counsel), for petitioner-respondent.

Eugene P. LaBue, Esq., Guardian Ad Litem, Rochester (Walter J. Licata of counsel).

Appeal from a decree of the Surrogate's Court, Monroe County (Edmund A. Calvaruso, S.), entered December 14, 2005. The decree, insofar as appealed from, settled the final account of a trust established in 1963.

It is hereby ordered that the decree so appealed from be and the same hereby is unanimously reversed on the law without costs and the matter is remitted to Surrogate's Court, Monroe County, for further proceedings in accordance with the same memorandum as in Matter of Fleet Bank (38 AD3d 1235 [2007]). Present—Scudder, P.J., Martoche, Smith, Peradotto and Pine, JJ.