In re Dimitroff — 269 A.D.2d 804

Majority

p. 804

In the Matter of Celesta Dimitroff, as Trustee under the Last Will and Testament of Marjorie B. Van Hyning, Deceased, Appellant. Kimberly P. Drumm, Respondent.

[703 NYS2d 423]

—Order unanimously affirmed with costs. Memorandum: Surrogate’s Court properly denied the trustee’s motion for summary judgment dismissing the objections to the account. The trustee failed to establish as a matter of law that she satisfied the prudent person standard in her management of the trust (see generally, Matter of Janes, 90 NY2d 41 , 49-51, rearg denied 90 NY2d 885 ). (Appeal from Order of Livingston County Surrogate’s Court, Cicoria, S. — EPTL.) Present — Green, A. P. J., Hayes, Pigott, Jr., and Scudder, JJ.

Cases cited

In re the Estate of Janes 90 NY2d 41 N.Y. 1997-05-01 at 49-51 p. 804
In re Patel 90 NY2d 885 N.Y. 1997-07-02 p. 804