*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 346

CA 11-01966

PRESENT: CENTRA, J.P., FAHEY, SCONIERS, AND MARTOCHE, JJ.

IN THE MATTER OF THE TRUST UNDER THE AGREEMENT

OF HELEN W. RIVAS, AS DONOR, THE UNIVERSITY OF

ROCHESTER, AS DONEE.

---------------------------------------------- ORDER BANK OF AMERICA, N.A., SUCCESSOR TO SECURITY

TRUST COMPANY OF ROCHESTER, TRUSTEE,

PETITIONER-RESPONDENT;

UNIVERSITY OF ROCHESTER, RESPONDENT-APPELLANT.

THE WOLFORD LAW FIRM LLP, ROCHESTER (MICHAEL R. WOLFORD OF COUNSEL), FOR RESPONDENT-APPELLANT.

CHAMBERLAIN D’AMANDA, OPPENHEIMER & GREENFIELD LLP, ROCHESTER (EDWARD C. RADIN OF COUNSEL), FOR PETITIONER-RESPONDENT. Appeal from a decree (denominated order) of the Surrogate’s Court, Monroe County (Edmund A. Calvaruso, S.), entered January 5, 2011. The decree disallowed the proposed investment of the trust assets in respondent’s long term investment pool.

It is hereby ORDERED that the decree so appealed from is unanimously affirmed without costs for reasons stated in the decision by the Surrogate.

Entered: March 16, 2012 Frances E. Cafarell

Clerk of the Court