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In re Arbitration Between Giangualano and Birnbaum

Supreme Court of New York, Fourth Department

February 14, 2014

IN THE MATTER OF THE ARBITRATION BETWEEN Nicholas Giangualano, MARY ANN ALLAN, RICHARD S. ALLAN, GARY L. ALLAN, KENNETH N. ALLAN, JEFFREY R. ALLAN AND ELIZABETH E. CHAIRES, PETITIONERS-RESPONDENTS, AND Jay B. Birnbaum AND ILENE L. FLAUM, AS CO-TRUSTEES OF TRUST "B" UNDER THE LAST WILL AND TESTAMENT OF BERNARD B. BIRNBAUM, DECEASED, RESPONDENTS-APPELLANTS. (ACTION NO. 1.) IN THE MATTER OF THE APPLICATION OF JAY B. BIRNBAUM AND ILENE L. FLAUM, AS CO-TRUSTEES OF TRUST "B" UNDER THE LAST WILL AND TESTAMENT OF BERNARD B. BIRNBAUM, DECEASED, PETITIONERS-APPELLANTS, NICHOLAS GIANGUALANO, MARY ANN ALLAN, RICHARD S. ALLAN, GARY L. ALLAN, KENNETH N. ALLAN, JEFFREY R. ALLAN AND ELIZABETH E. CHAIRES, RESPONDENTS-RESPONDENTS. (ACTION NO. 2.) (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered February 6, 2013. The order denied the motion of respondents-petitioners for leave to reargue and renew their cross motion to consolidate certain proceedings in Surrogate's Court, Monroe County.

LIPPES MATHIAS WEXLER FRIEDMAN LLP, BUFFALO (DENNIS C. VACCO OF COUNSEL), AND BOND, SCHOENECK & KING, PLLC, ROCHESTER, FOR RESPONDENTS-APPELLANTS AND PETITIONERS-APPELLANTS.

AUGELLO & MATTELIANO, LLP, BUFFALO (JOSEPH A. MATTELIANO OF COUNSEL), ATTEA & ATTEA, NORTH BOSTON, AND FREID AND KLAWON, WILLIAMSVILLE, FOR PETITIONERS-RESPONDENTS AND RESPONDENTS-RESPONDENTS.

PRESENT: PERADOTTO, J.P., LINDLEY, SCONIERS, AND VALENTINO, JJ.

It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed, and the order is affirmed without costs.

Same Memorandum as in Matter of Giangualano v Birnbaum ([appeal No. 1] ___ A.D.3d ___ [Feb. 14, 2014]).


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