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In the Matter of the Trusts For Stephanie Mcdonald and Kelly Mcdonald Created In the

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


November 9, 2012

IN THE MATTER OF THE TRUSTS FOR STEPHANIE MCDONALD AND KELLY MCDONALD CREATED IN THE
WILL OF IGNATIUS S. LUPPINO, DECEASED. STEPHANIE MCDONALD AND KELLY MCDONALD, PETITIONERS-RESPONDENTS; IDALYNN LUPPINO MCDONALD,
TRUSTEE, RESPONDENT-APPELLANT. THOMAS F. HEWNER, ESQ., COURT APPOINTED SUCCESSOR TRUSTEE, RESPONDENT. (APPEAL NO. 3.)

Appeal from an order of the Surrogate's Court, Erie County (Barbara Howe, S.), entered July 5, 2011.

Matter of Mcdonald

Released on November 9, 2012

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: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.

The order, inter alia, removed Idalynn Luppino McDonald as trustee and appointed Thomas F. Hewner, Esq. as successor trustee.

It is hereby ORDERED that the order so appealed from is unanimously vacated on the law without costs.

Same Memorandum as in Matter of Luppino ([appeal No. 1] ___ AD3d ___ [Nov. 9, 2012]). Entered: November 9, 2012 Frances E. Cafarell Clerk of the Court

20121109

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