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In the Matter of Robert Sills and Audrey 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 from an order of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered December 31, 2009. The order granted the application of Audrey Patrone Peartree, as guardian ad litem for decedent Angeline V. Sills, to retain Elizabeth A. Wolford as counsel to represent her in an appeal of the court's decision and order dated September 10, 2009, and ordered that all reasonable fees and disbursements incurred by the guardian ad litem in that appeal 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.

Decided on February 18, 2011

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

(APPEAL NO. 5.)

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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