Opinion
No. CA 10-00139.
February 18, 2011.
Appeal from an order of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered December 31, 2009. The order granted the application of Audrey Patrone Peartree, as guardian ad litem for decedent Angeline V Sills, to retain Elizabeth A. Wolford as counsel to represent her in an appeal of the court's decision and order dated September 10, 2009, and ordered that all reasonable fees and disbursements incurred by the guardian ad litem in that appeal be paid for by the estate of Angeline V Sills.
GATES ADAMS, P.C., ROCHESTER (MICHAEL STEINBERG OF COUNSEL), FOR PETITIONERS-APPELLANTS AND PLAINTIFFS-APPELLANTS.
McDONOUGH ARTZ, P.C., BINGHAMTON (PHILIP J. ARTZ OF COUNSEL), FOR RESPONDENT-RESPONDENT AND DEFENDANT-RESPONDENT JOAN ROYSTON.
THE WOLFORD LAW FIRM LLP, ROCHESTER (ELIZABETH A. WOLFORD OF COUNSEL), FOR RESPONDENT.
UNDERBERG KESSLER LLP, ROCHESTER (PAUL V. NUNES OF COUNSEL), FOR RESPONDENT-RESPONDENT FLEET NATIONAL BANK AND DEFENDANT-RESPONDENT FLEET BANK.
Present — Scudder, P.J., Fahey, Peradotto, Lindley and Martoche, JJ.
It is hereby ordered that the order so appealed from is unanimously vacated without costs and the matter is remitted to Supreme Court, Steuben County, for further proceedings in accordance with the same memorandum as in Matter of Sills v Fleet Natl. Bank ( 81 AD3d 1422).