In re Trust Created by Malasky

—Crew III, J. P.

Appeals (1) from an order of the Surrogate’s Court of Ulster County (Czajka, S.), entered February 18, 1999, which, inter alia, construed the subject trust such that article VII controls the distribution of the trust assets, and (2) from an order of said court, entered August 17, 1999, which denied petitioners’ motion for reconsideration.

This appeal has its genesis in a joint revocable trust created by Harry D. Malasky (hereinafter decedent) and his spouse, respondent Marion Malasky (hereinafter Malasky), in February 1994.1 Following decedent’s death in November 1995,…