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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
CourtAppellate Division, Fourth Department
DecidedJuly 24, 2026
Citation2026 NY Slip Op 04675
Area of lawTrusts, Estates and Guardianship
WeekWeek ending July 25, 2026
Official textOfficial decision: 2026 NY Slip Op 04675
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id533

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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Published July 24, 2026. Updated July 24, 2026.