862 N.E.2d 790, 830 N.Y.S.2d 698 Matter of Elliott v. Butler. No. 1282.Court of Appeals of the State of New York. Decided January 16, 2007. Appeal from the 3rd Dept: 34 AD3d 878. Motions for Leave to Appeal granted. Tagged: 830 N.Y.S.2d 698862 N.E.2d 790