Smith v Smith, 2024 NY Slip Op 02475 [227 AD3d 1493]

May 3, 2024

Appellate Division, Fourth Department

[*1]

Christopher Smith and Another, as Trustees of the Jay and Patricia Smith Irrevocable Trust, Respondents,

v

Anna J. Smith, as Trustee of the Theodore P. Smith Income Only Irrevocable Trust and as Executor of the Estate of Theodore P. Smith, Deceased, Appellant. (Appeal No. 1.)

Hancock Estabrook, LLP, Syracuse (Janet D. Callahan of counsel), for defendant-appellant.

Bond Schoeneck & King, PLLC, Syracuse (Daniel J. Pautz of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Herkimer County (John H. Crandall, A.J.), entered January 31, 2022. The order, inter alia, denied the motion of defendant for an evidentiary hearing on, inter alia, the partition of real property.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Smith v Smith ([appeal No. 4] 227 AD3d 1494 [4th Dept 2024]). Present—Smith, J.P., Curran, Montour, Greenwood and Nowak, JJ..