THE ESTATE OF EVELYN SONNELITTER DECEASED GARY SONNELITTER EXECUTOR AND SONNELITTER FAMILY TRUST PLAINTIFFS APPELLANTS RESPONDENTS v. APPEAL NO (2014)

Supreme Court, Appellate Division, Fourth Department, New York.

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

CA 12–00175

Decided: March 21, 2014

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

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.

ORDER

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.

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] ).

Frances E. Cafarell

Clerk of the Court

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