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In the Matter of the Trusts For Stephanie Mcdonald and Kelly Mcdonald Created In the Will of Ignatius S. Luppino

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.

Appeal from an order of the Surrogate's Court, Erie County (Barbara Howe, S.), entered August 29, 2011.

Matter of Mcdonald

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.

Released on November 9, 2012

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

(APPEAL NO. 4.)

The order, inter alia, directed Idalynn Luppino McDonald to pay attorney fees to Kevin T. Stocker, Esq.

It is hereby ORDERED that the order so appealed from is unanimously reversed 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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