Opinion
180 CA 21-00995
06-30-2023
Christopher SMITH and Michael Smith, AS TRUSTEES OF the JAY AND PATRICIA SMITH IRREVOCABLE TRUST, Plaintiffs-Respondents, v. Anna J. SMITH, AS TRUSTEE OF the THEODORE P. SMITH INCOME ONLY IRREVOCABLE TRUST, and Anna Jane Smith, as Executor of the Estate of Theodore P. Smith, Deceased, Defendant-Appellant. (Appeal No. 1.)
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.
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.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Same memorandum as in Smith v Smith ([appeal No. 2] ––– A.D.3d ––––, ––– N.Y.S.3d –––– [June 30, 2023] [4th Dept 2023]).