In re the Accounting of Poersch — 27 A.D.2d 958

Majority

p. 958

In the Matter of the Accounting of Hathias P. Poersch, as Surviving Trustee of a Trust Created by Frank C. O’Brien, Deceased. Gertrude E. Kelliher et al., Appellants; Marine Midland National Bank of Troy et al., as Executors of John G. Smith, Deceased, et al., Respondents.

Hotion to strike respondents’ appendix denied as premature, without costs and without prejudice to its renewal after settlement of the transcript and record on appeal. (Rules of Appellate Division, Third Department, rule 2, subd. [e].) Cross motions to dismiss appeals denied, without costs. Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur.