In re the Trusts for McDonald , 953 N.Y.S.2d 516 ( 2012 )

— Appeal from an order of the Surrogate’s Court, Erie County (Barbara Howe, S.), entered July 5, 2011. The order, inter alia, removed Idalynn Luppino McDonald as trustee and appointed Thomas F. Hewner, Esq. as successor trustee.

It is hereby ordered that the order so appealed from is unanimously vacated on the law without costs.

Same memorandum as in Matter of McDonald (Luppino) (100 AD3d 1349 [2012]). Present — Centra, J.P, Peradotto, Garni, Lindley and Sconiers, JJ.