On April 27, 2021 a
Notice of Appeal
was filed
involving a dispute between
Christopher Smith,
Michael Smith As Trustees,
Of The Jay And Patricia Smith Irrevocable Trust,
and
Estate Of Theodore P Smith
By Executor,
Smith Jane Anna
As Executor,
Smith J Anna
As Trustee,
Theodore P. Smith Income Only Irrevocable Trust,
for Special Proceedings - Other (RPAPL Section 901 et al)
in the District Court of Herkimer County.
Preview
FILED: HERKIMER COUNTY CLERK 10/27/2022 04:04 PM INDEX NO. EF2021-108166
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 10/27/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF HERKIMER
CHRISTOPHER SMITH AND MICHAEL SMITH Index No. EF2021-108166
AS TRUSTEES OF THE JAY AND PATRICIA
SMITH IRREVOCABLE TRUST, Hon. John H. Crandall,
A.J.S.C.
Plaintiffs,
v. NOTICE OF APPEAL
ANNA J. SMITH as TRUSTEE of the THEODORE
P. SMITH INCOME ONLY IRREVOCABLE TRUST
AND ANNA JANE SMITH, AS EXECUTOR OF THE
ESTATE OF THEODORE P. SMITH,
Defendants.
PLEASE TAKE NOTICE that Defendants, ANNA J. SMITH as TRUSTEE of the
THEODORE P. SMITH INCOME ONLY IRREVOCABLE TRUST AND ANNA JANE
SMITH, AS EXECUTOR OF THE ESTATE OF THEODORE P. SMITH ("Defendants"),
hereby appeal to the Supreme Court of the State of New York, Appellate Division, Fourth
Department, from the Decision and Order of the Hon. John H. Crandall, Acting J.S.C. of the
Supreme Court, State of New York, County of Herkimer, signed on January 27, 2022 and
entered in the office of the Clerk of the County of Herkimer on January 31, 2022 and that this
appeal is from each and every part thereof by which Defendants are aggrieved.
Dated: October 27, 2022 HANCO ESTA ROO , P
BY:
Janet D. Callahan, Esq.
Appellate Counsel for Defendants
1800 AXA Tower I,100 Madison Street
Syracuse, New York 13202
Tel: (315) 565-4500
jeallahan@hancocklaw.com
{H4919533.1}
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FILED: HERKIMER COUNTY CLERK 10/27/2022 04:04 PM INDEX NO. EF2021-108166
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 10/27/2022
To: Brody D. Smith, Esq.
Nolan Kokkoris, Esq.
Bond, Schoeneck & King, PLLC
Attorneys for Plaintyfs
One Lincoln Center
Syracuse, New York 13202
Tel: (315) 218-8225
bsmith@bsk.com
nkokkoris@bsk.com
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2 of 2
Document Filed Date
October 27, 2022
Case Filing Date
April 27, 2021
Category
Special Proceedings - Other (RPAPL Section 901 et al)
Status
Disposed-Court Date/Application Pending
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Preview
FILED: HERKIMER COUNTY CLERK 10/27/2022 04:04 PM INDEX NO. EF2021-108166 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 10/27/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF HERKIMER CHRISTOPHER SMITH AND MICHAEL SMITH Index No. EF2021-108166 AS TRUSTEES OF THE JAY AND PATRICIA SMITH IRREVOCABLE TRUST, Hon. John H. Crandall, A.J.S.C. Plaintiffs, v. NOTICE OF APPEAL ANNA J. SMITH as TRUSTEE of the THEODORE P. SMITH INCOME ONLY IRREVOCABLE TRUST AND ANNA JANE SMITH, AS EXECUTOR OF THE ESTATE OF THEODORE P. SMITH, Defendants. PLEASE TAKE NOTICE that Defendants, ANNA J. SMITH as TRUSTEE of the THEODORE P. SMITH INCOME ONLY IRREVOCABLE TRUST AND ANNA JANE SMITH, AS EXECUTOR OF THE ESTATE OF THEODORE P. SMITH ("Defendants"), hereby appeal to the Supreme Court of the State of New York, Appellate Division, Fourth Department, from the Decision and Order of the Hon. John H. Crandall, Acting J.S.C. of the Supreme Court, State of New York, County of Herkimer, signed on January 27, 2022 and entered in the office of the Clerk of the County of Herkimer on January 31, 2022 and that this appeal is from each and every part thereof by which Defendants are aggrieved. Dated: October 27, 2022 HANCO ESTA ROO , P BY: Janet D. Callahan, Esq. Appellate Counsel for Defendants 1800 AXA Tower I,100 Madison Street Syracuse, New York 13202 Tel: (315) 565-4500 jeallahan@hancocklaw.com {H4919533.1} 1 of 2 FILED: HERKIMER COUNTY CLERK 10/27/2022 04:04 PM INDEX NO. EF2021-108166 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 10/27/2022 To: Brody D. Smith, Esq. Nolan Kokkoris, Esq. Bond, Schoeneck & King, PLLC Attorneys for Plaintyfs One Lincoln Center Syracuse, New York 13202 Tel: (315) 218-8225 bsmith@bsk.com nkokkoris@bsk.com {H4919533.1} 2 2 of 2