Matter of Terian v. Terian

2018 NY Slip Op 8268

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 4, 2018
• Docket: 7805N
• Status: Published

Opinion

Matter of Terian v Terian (2018 NY Slip Op 08268)

Matter of Terian v Terian

2018 NY Slip Op 08268

Decided on December 4, 2018

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 4, 2018
Sweeny, J.P., Manzanet-Daniels, Gische, Tom, Moulton, JJ.

7805N

[*1] In re Peter G. Terian File 3871I,J/02 Deceased.

v

Juliana C. Terian, Petitioner-Respondent,

Thomas J. Killeen, Petitioner,

v

Robert Wurmbrand, Respondent-Appellant.

Sullivan & Worcester, LLP, New York (Jonathan G. Kortmansky of counsel), for appellant.

Law Office of Theodore P. Kaplan, New York (Theodore P. Kaplan of counsel), for respondent.

Order, Surrogate's Court, New York County (Nora S. Anderson, S.), entered July 26, 2017, which, inter alia, granted the joint application of petitioners Juliana C. Terian and Thomas J. Killeen for the appointment of Jacques L. Debrot as successor co-trustee upon the resignation of Killeen, unanimously affirmed, with costs.

The Surrogate properly granted the petition since the express terms of the subject will permitted a majority of the trustees to act collectively in selecting successor trustees (see Matter of Luckenbach, 303 NY 491, 496 [1952]; see also Georgius v Village of Morrisville, 90 AD3d 1256 [3d Dept 2011]).

We have considered respondent's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 4, 2018

CLERK