| Matter of Lewis |
| 2014 NY Slip Op 00010 [114 AD3d 231] |
| January 3, 2014 |
| Scudder, J. |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, April 2, 2014 |
| 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.
Menter, Rudin & Trivelpiece, P.C., Syracuse (Julian B. Modesti of counsel), for respondent.
Scudder, P.J.
Same opinion by Scudder, P.J., as in Matter of Lewis ( AD3d [Jan. 3, 2014] [appeal No. 1]).
Fahey, Lindley and Valentino, JJ., concur with Scudder, P.J.; Peradotto, J., dissents and votes to reverse in accordance with the same dissenting opinion as in Matter of Lewis ( AD3d [Jan. 3, 2014] [appeal No. 1]).
It is hereby ordered that the decree so appealed from is affirmed without costs.