SILLS, ROBERT v. FLEET NATIONAL BANK

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 142 CA 09-02078 PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, LINDLEY, AND MARTOCHE, JJ. IN THE MATTER OF ROBERT SILLS AND AUDREY ELAINE SILLS, AS CO-EXECUTORS OF THE ESTATE OF ANGELINE V. SILLS, DECEASED, PETITIONERS-APPELLANTS, V MEMORANDUM AND ORDER FLEET NATIONAL BANK, JOAN ROYSTON AND KIRK RICHARDSON, RESPONDENTS-RESPONDENTS. ------------------------------------------- AUDREY PATRONE PEARTREE, GUARDIAN AD LITEM, RESPONDENT. ------------------------------------------- ROBERT SILLS AND AUDREY ELAINE SILLS, AS CO-EXECUTORS OF THE ESTATE OF ANGELINE V. SILLS, DECEASED, PLAINTIFFS-APPELLANTS, V FLEET BANK AND JOAN ROYSTON, DEFENDANTS-RESPONDENTS. ------------------------------------------- AUDREY PATRONE PEARTREE, GUARDIAN AD LITEM, RESPONDENT. ------------------------------------------- ROBERT SILLS AND AUDREY ELAINE SILLS, AS CO-EXECUTORS OF THE ESTATE OF ANGELINE V. SILLS, DECEASED, PLAINTIFFS-APPELLANTS, V JOAN ROYSTON, DEFENDANT-RESPONDENT. ------------------------------------------- AUDREY PATRONE PEARTREE, GUARDIAN AD LITEM, RESPONDENT. (APPEAL NO. 3.) GATES & ADAMS, P.C., ROCHESTER (MICHAEL STEINBERG OF COUNSEL), FOR PETITIONERS-APPELLANTS AND PLAINTIFFS-APPELLANTS. MCDONOUGH & ARTZ, P.C., BINGHAMTON (PHILIP J. ARTZ OF COUNSEL), FOR RESPONDENT-RESPONDENT AND DEFENDANT-RESPONDENT JOAN ROYSTON. THE WOLFORD LAW FIRM LLP, ROCHESTER (ELIZABETH A. WOLFORD OF COUNSEL), FOR RESPONDENT. -2- 142 CA 09-02078 UNDERBERG & KESSLER LLP, ROCHESTER (PAUL V. NUNES OF COUNSEL), FOR RESPONDENT-RESPONDENT FLEET NATIONAL BANK AND DEFENDANT-RESPONDENT FLEET BANK. Appeal from an order of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered July 31, 2009. The order granted the application of Audrey Patrone Peartree, as guardian ad litem for decedent Angeline V. Sills, to retain Elizabeth A. Wolford as counsel to represent her in an appeal of the court’s decision and order dated January 28, 2009 and ordered that all reasonable fees and disbursements incurred by the guardian ad litem in that appeal 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 Sills v Fleet Natl. Bank ([appeal No. 1] ___ AD3d ___ [Feb. 18, 2011]). Entered: February 18, 2011 Patricia L. Morgan Clerk of the Court