Majority
p. 1574In the Matter of the Estate of Salvatore J. Scamacca, Deceased. Frank Scamacca et al., as Executors of Salvatore J. Scamacca, Deceased, Appellants; Dolores Leon, Respondent. [922 NYS2d 218]
Appeal from a decree of the Surrogate’s Court, Erie County (Barbara Howe, S.), entered January 15, 2010. The decree denied and dismissed the petition.
It is hereby ordered that the decree so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Peradotto, Lindley, Sconiers and Martoche, JJ.