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In the Matter of Robert Sills and Audrey Elaine Sills 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. 4.)

Appeal from an order of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered September 16, 2009. The order, among other things, adjudged that all reasonable fees and disbursements incurred by guardian ad litem Audrey Patrone Peartree in appeals of the court's decision and order dated May 19, 2009 and order dated July 26, 2009 be paid for by the Estate of Angeline V. Sills.

Matter of Sills v. Fleet Natl. Bank

Decided on February 18, 2011 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.

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

It is hereby ORDERED that the order so appealed from is unanimously vacated without costs and the matter is remitted to Supreme Court, Steuben County, for further proceedings in accordance with the 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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