In re Alaimo

Appellate Division of the Supreme Court of New York

In re Alaimo

288 A.D.2d 916, 732 N.Y.S.2d 819, 2001 N.Y. App. Div. LEXIS 10641

Appellate Division of the Supreme Court of the State of New York·Decided November 9, 2001·Published·Cited by 3 cases

Opinion

—Order unanimously affirmed with costs. Memorandum: Surrogate’s Court properly dismissed the cross petition of respondent seeking an order directing petitioners to. adhere to the terms of decedent’s will in distributing the income from the Evans-Devereux Memorial Fund, a charitable trust created by article Eleventh of the will. Respondent, decedent’s grandson and a person in whose honor the trust was created, lacks standing to challenge petitioners’ administration of the trust (see generally, Aleo Gravure v Knapp Found., 64 NY2d 458, 465-466; Matter of James, 22 Mise 2d 1062, 1067-1068). Rather, standing to enforce the trust or challenge petitioners’ administration of it is restricted to the Attorney General (see, EPTL 8-1.1 [f]; 8-1.4; Matter of May, 213 AD2d 838, 839-840, Iv dismissed 85 NY2d 1032; Matter of De Long, 169 AD2d 1005, 1006, Iv denied 77 NY2d 809). (Appeal from Order of Erie County Surrogate’s Court, Mattina, S. — EPTL.) Present — Pigott, Jr., P. J., Green, Wisner, Kehoe and Burns, JJ.

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—Order unanimously affirmed with costs. Memorandum: Surrogate’s Court properly dismissed the cross petition of respondent seeking an order directing petitioners to. adhere to the terms of decedent’s will in distributing the income from the Evans-Devereux Memorial Fund, a charitable trust created by article Eleventh of the will. Respondent, decedent’s grandson and a person in whose honor the trust was created, lacks standing to challenge petitioners’ administration of the trust (see generally, Aleo Gravure v Knapp Found., 64 NY2d 458, 465-466; Matter of James, 22 Mise 2d 1062, 1067-1068). Rather, standing to enforce the trust or challenge petitioners’ administration of it is restricted to the Attorney General (see, EPTL 8-1.1 [f]; 8-1.4; Matter of May, 213 AD2d 838, 839-840, Iv dismissed 85 NY2d 1032; Matter of De Long, 169 AD2d 1005, 1006, Iv denied 77 NY2d 809). (Appeal from Order of Erie County Surrogate’s Court, Mattina, S. — EPTL.) Present — Pigott, Jr., P. J., Green, Wisner, Kehoe and Burns, JJ.

In re Alaimo, 288 A.D.2d 916, 732 N.Y.S.2d 819, 2001 N.Y. App. Div. LEXIS 10641 (N.Y. Ct. App. 2001).

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