FRACCOLA 50 1005 1006 1007 v. 2016 376 2016 376 (2020)

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

Albert G. FRACCOLA, Jr., Individually and as 50% Shareholder, President and Director, Committeeman of One and “Creditor” of 1st Choice Realty, Inc. in of the Parties Dissolution under N.Y.S.B.C.L. Secs. 1005, 1006 and 1007 and as “Creditor” against 1st Choice Realty, Inc. and on Behalf of all other Creditors and Stockholders in a similar situation and who may come in contribute to the expense of this action, Plaintiff-Appellant, v. 1ST CHOICE REALTY, INC., a Domestic Corporation in Dissolution, et al., Defendants, Chad Carstensen, Individually and as Executor under the Estate of Phyllis Fraccola, also known as Phyllis S. Fraccola, Deceased, File No.: 2016-376; Phillip Fraccola, as substitute executor under the Estate of Phyllis Fraccola also known as Phyllis S. Fraccola, Deceased, File No.: 2016-376, Phillip Fraccola as Trustee of the “Saporito Irrevocable Trust” and Phillip Fraccola as Trustee of the Phyllis Fraccola Trust, the Phyllis Fraccola Family Trust; “Separate Share Trust Former Beneficiary of Alan Fraccola”, and Phillip Fraccola as Trustee of the “Separate Trust Share Former Beneficiary of Alan Fraccola”, Defendants-Respondents.

757

Decided: October 02, 2020

PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, LINDLEY, AND BANNISTER, JJ.

ALBERT G. FRACCOLA, JR., PLAINTIFF-APPELLANT PRO SE. PETER M. HOBAICA, LLC, UTICA (PETER M. HOBAICA OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.