← Cases

In re the Estate of Lewis

114 A.D.3d 231 Court Fourth Department, Decision date 2014-01-03 Docket Appeal No. 2 English

Delivered by Scudder, P.J.

Contents

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