William R. Scott

The appellant appealed a motion judge's order dismissing her motion to set aside a settlement regarding property in Highland Falls, New York and finding respondents in contempt.

The motion judge had granted the respondents' cross-motion for relief permitting implementation of the settlement terms.

The appellant raised four main grounds of appeal: (1) the motion judge erred in requiring leave to bring the motion; (2) the motion judge erred in rejecting her argument that the Final Order should be set aside due to environmental dumping issues; (3) the motion judge erred in approving a Deed Transfer that created an easement not contemplated by the Final Order; and (4) the motion judge erred in approving a Conservation Easement that was substantially more restrictive than agreed.

The Court of Appeal dismissed all grounds of appeal and upheld the motion judge's decision.

The appellants appealed three orders arising from long-standing estate litigation concerning business interests, bank accounts, and real property of the deceased father's estate.

The appellants sought to vary a prior settlement order, obtain leave to commence a new action regarding Swiss bank accounts, and challenge the motion judge's refusal to recuse himself and transfer proceedings.

The Court of Appeal dismissed all three appeals, finding no merit to the appellants' arguments regarding palpable error, abuse of process, statute-barred claims, or bias allegations.

The court upheld the lower court's decisions and awarded costs to the respondents.