Majority
p. 231[977 NYS2d 922] In the Matter of the Estate of Robyn R. Lewis, Deceased. James Robert Simmons, Respondent; Meredith M. Stewart et al., Appellants. (Appeal No. 2.) Fourth Department, January 3, 2014
APPEARANCES OF COUNSEL
Wittenburg Law Firm, LLC, Syracuse, D.J. & J.A. Cirando, Esqs. (Elizabeth de V. Moeller of counsel), for appellants.
p. 232
Menter, Rudin & Trivelpiece, EC., Syracuse (Julian B. Modesti of counsel), for respondent.
OPINION OF THE COURT
Same opinion by Scudder, P.J., as in Matter of Lewis ( 114 AD3d 203 [2014] [appeal No. 1]).
Fahey, Lindley and Valentino, JJ., concur with Scudder, EJ.; Feradotto, J., dissents and votes to reverse in accordance with the same dissenting opinion as in Matter of Lewis ( 114 AD3d 203 [2014] [appeal No. 1]).
It is hereby ordered that the decree so appealed from is affirmed without costs.
Cases cited
- In re the Estate of Lewis 114 AD3d 203 p. 232