In re the Accounting of Bankers Trust Co.

This motion has been made for reconsideration of my determination (reported at 43 Misc 2d 84) holding invalid the attempted exercise by the donee of the power of appointment of this inter vivos trust fund and directing that distribution thereof be made as alternatively provided in the trust indenture.

The procedural objection — that a motion for reconsideration must under CPLR 4405 be made within 15 days after decision— is not applicable. That time limitation applies only where there has been a trial. The proceeding before the court was in the form of a motion for a determination of the…