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Sills v. Royston

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


November 12, 2010

ROBERT SILLS AND AUDREY ELAINE SILLS, AS CO-EXECUTORS OF THE ESTATE OF ANGELINE V. SILLS, DECEASED, PLAINTIFFS-RESPONDENTS-APPELLANTS,
v.
JOAN ROYSTON, DEFENDANT-APPELLANT-RESPONDENT. (ACTION NO. 1.)
IN THE MATTER OF ROBERT SILLS AND AUDREY ELAINE SILLS, AS CO-EXECUTORS OF THE ESTATE OF ANGELINE.
SILLS, DECEASED, PETITIONERS-RESPONDENTS-APPELLANTS, FLEET NATIONAL BANK, ET AL., RESPONDENTS-RESPONDENTS, AND JOAN ROYSTON, RESPONDENT-APPELLANT-RESPONDENT. (PROCEEDING NO. 1.) (APPEAL NO. 1.)

Appeal and cross appeal from an order of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered October 7, 2009. The order, among other things, denied defendant's motion for an order dismissing action No. 1 and denied the motion made by respondents Joan Royston and Kirk Richardson to dismiss proceeding No. 1.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: MARTOCHE, J.P., CENTRA, CARNI, LINDLEY, AND PINE, JJ.

It is hereby ORDERED that said appeal and cross appeal are unanimously dismissed without costs.

20101112

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