Appellate Division, Fourth Department · July 24, 2026 · 2026 NY Slip Op 04675
Matter of Simmons (Simmons)
Read the official decision: 2026 NY Slip Op 04675
Holding The court vacated the lower court’s order removing the respondent as co-trustee because the facts regarding his alleged misconduct were disputed. A hearing was required to make credibility determinations before exercising discretion to remove a fiduciary under SCPA 711 or 719.
The court’s words
the Surrogate must make a credibility determination concerning those issues, and then exercise [their] discretion concerning whether respondent should be removed from [his] appointment[ ]
2026 NY Slip Op 04675, at the official text
the removal of a trustee without a hearing will constitute an abuse of discretion where the facts are disputed
2026 NY Slip Op 04675, at the official text
the removal of a fiduciary pursuant to SCPA 711 [or] 719 is equivalent to a judicial nullification of the [settlor's] choice
2026 NY Slip Op 04675, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | July 24, 2026 |
| Citation | 2026 NY Slip Op 04675 |
| Area of law | Trusts, Estates and Guardianship |
| Week | Week ending July 25, 2026 |
| Official text | Official decision: 2026 NY Slip Op 04675 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 533 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Simmons (Simmons), 2026 NY Slip Op 04675 (Appellate Division, Fourth Department, July 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-04675/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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