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In the Matter of Robert Sills and Audrey Elaine Sills, As v. Fleet National Bank

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


February 18, 2011

IN THE MATTER OF ROBERT SILLS AND AUDREY ELAINE SILLS, AS
CO-EXECUTORS OF THE ESTATE OF ANGELINE V. SILLS, DECEASED,
PETITIONERS-APPELLANTS,
v.
FLEET NATIONAL BANK, JOAN ROYSTON AND KIRK RICHARDSON, RESPONDENTS-RESPONDENTS.
AUDREY PATRONE PEARTREE, GUARDIAN AD LITEM,
RESPONDENT. ROBERT SILLS AND AUDREY ELAINE SILLS, AS CO-EXECUTORS OF THE ESTATE
OF ANGELINE . SILLS, DECEASED, PLAINTIFFS-APPELLANTS, FLEET BANK AND JOAN ROYSTON,
DEFENDANTS-RESPONDENTS. AUDREY PATRONE PEARTREE, GUARDIAN AD LITEM,
RESPONDENT. ROBERT SILLS AND AUDREY ELAINE SILLS, AS CO-EXECUTORS OF
THE ESTATE OF ANGELINE . SILLS, DECEASED, PLAINTIFFS-APPELLANTS, JOAN ROYSTON, DEFENDANT-RESPONDENT. AUDREY PATRONE PEARTREE, GUARDIAN AD LITEM, RESPONDENT. (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered June 3, 2009.

Matter of Sills v Fleet Natl. Bank

Appellate Division, Fourth Department 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. Decided on February 18, 2011

PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, LINDLEY, AND MARTOCHE, JJ.

The order, among other things, adjudged that all reasonable fees and disbursements incurred by guardian ad litem Audrey Patrone Peartree in an appeal of the court's decision and order dated January 28, 2009 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.

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

Same Memorandum as in Sills v Fleet Natl. Bank ([appeal No. 1] ___ AD3d ___ [Feb. 18, 2011]). Entered: February 18, 2011 Patricia L. Morgan Clerk of the Court

20110218

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