Majority
p. 1471In the Matter of the Estate of Percy Perry, Deceased. Barney B. Perry, Sr., Appellant; Tracee Megna, Executrix of Percy Perry, Deceased, Respondent. [953 NYS2d 546]
— Appeal from an order of the Surrogate’s Court, Erie County (Barbara Howe, S.), entered July 15, 2011. The order denied the petition seeking to have petitioner designated the administrator of the estate of Percy Perry.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision by the Surrogate. Present — Smith, J.E, Garni, Lindley, Sconiers and Whalen, JJ.