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Estate of Sonnelitter v. White

Supreme Court of New York, Fourth Department

March 21, 2014

THE ESTATE OF EVELYN SONNELITTER, DECEASED, GARY SONNELITTER, EXECUTOR, AND SONNELITTER FAMILY TRUST, PLAINTIFFS-APPELLANTS-RESPONDENTS, THE ESTATE OF
v.
JOSEPH WHITE, DECEASED, CAROL ALABISO, EXECUTOR, DEFENDANT-RESPONDENT-APPELLANT, CAROL ALABISO, GERALD MCCLAIN WHITLEY AND MCCLAIN PROPERTIES, LLC, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)

Appeal and cross appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered May 26, 2011. The order found Joseph White to have breached his fiduciary duty.

HOGAN WILLIG, PLLC, AMHERST (COREY HOGAN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS-RESPONDENTS.

KEENAN LAW CENTER, P.C., HAMBURG (JOHN J. KEENAN OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT THE ESTATE OF JOSEPH WHITE, DECEASED, CAROL ALABISO, EXECUTOR.

LAWRENCE C. BROWN, CHEEKTOWAGA, FOR DEFENDANTS-RESPONDENTS.

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

It is hereby ORDERED that said appeal and cross appeal are unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 A.D.2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 A.D.2d 566, 567; see also CPLR 5501 [a] [1]).


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