Opinion
187 CA 21-00874
06-30-2023
Christopher SMITH and Michael Smith, AS TRUSTEES OF the JAY AND PATRICIA SMITH IRREVOCABLE TRUST, Plaintiffs-Respondents, v. THEODORE P. SMITH INCOME ONLY IRREVOCABLE TRUST, Defendant-Appellant.
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.
Memorandum: Defendant appeals from an order insofar as it granted plaintiffs’ request for a temporary restraining order prohibiting defendant from conducting mining operations of any kind during the pendency of the proceedings. We conclude that the appeal must be dismissed inasmuch as that order was modified by a subsequent temporary restraining order (see Matter of Eric D. [appeal No. 1], 162 A.D.2d 1051, 1051, 559 N.Y.S.2d 156 [4th Dept. 1990] ).