Opinion
February 16, 2000
Appeal from Order of Livingston County Surrogate's Court, Cicoria, S. — EPTL.
PRESENT: GREEN, A. P. J., HAYES, PIGOTT, JR., AND SCUDDER, JJ.
Order unanimously affirmed with costs.
Memorandum:
Surrogate's Court properly denied the trustee's motion for summary judgment dismissing the objections to the account. The trustee failed to establish as a matter of law that she satisfied the prudent person standard in her management of the trust ( see generally, Matter of Janes, 90 N.Y.2d 41, 49-51, rearg denied 90 N.Y.2d 885).