Majority
p. 1425In the Matter of Robert Sills et al., as Coexecutors of Angeline V. Sills, Deceased, Appellants, v Fleet National
p. 1426Bank et al., Respondents. Audrey Patrone Peartree, Guardian ad Litem, Respondent. Robert Sills et al., as Coexecutors of Angeline V. Sills, Deceased, Appellants, v Fleet Bank et al., Respondents. Audrey Patrone Peartree, Guardian ad Litem, Respondent. Robert Sills et al., as Coexecutors of Angeline V. Sills, Deceased, Appellants, v Joan Royston, Respondent. Audrey Patrone Peartree, Guardian ad Litem, Respondent. (Appeal No. 4.) [918 NYS2d 912]
— Appeal from an order of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered September 16, 2009. The order, among other things, adjudged that all reasonable fees and disbursements incurred by guardian ad litem Audrey Patrone Peartree in appeals of the court’s decision and order dated May 19, 2009 and order dated July 26, 2009 be paid for by the estate of Angeline V. Sills.
It is hereby ordered that the order so appealed from is unanimously vacated without costs and the matter is remitted to Supreme Court, Steuben County, for further proceedings in accordance with the same memorandum as in Matter of Sills v Fleet Natl. Bank ( 81 AD3d 1422 [2011]). Present — Scudder, P.J., Fahey, Peradotto, Lindley and Martoche, JJ.
Cases cited
- Sills v. Fleet National Bank 81 AD3d 1422 p. 1426