Fourth Department – Charitable trust: Matter of John Blair, Esq.

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Charitable trust

Removal of trustee – Preliminary injunction

Matter of John Blair, Esq.

CA 21-00479

Appealed from Surrogate’s Court

Background: The appeal arose from a petition seeking to enjoin various respondents from removing the petitioner as attorney trustee of a charitable trust. The Surrogate’s court denied the petitioner’s motion for a preliminary injunction directing that he remain as attorney trustee. He argues it was an abuse of discretion to deny the request for a preliminary injunction.

Ruling: The Appellate Division affirmed. The court held that the petitioner failed to establish by clear and convincing evidence that irreparable harm will ensue in the absence of injunctive relief. There is no imminent risk that the trustees will spend down the trust’s assets or terminate the trust altogether. The Appellate Division also noted that the Attorney General has the power to block the permanent trustees in the event that they take any of the actions feared by the petitioner.

Kenneth A. Manning, of Phillips Lytle, for the petitioner-appellant; Jennifer G. Flannery, of Barclay Damon, and Kathleen M. Treasure, of the NYS Office of the Attorney General, for the respondents-respondents.