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


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.

{**114 AD3d at 231} OPINION OF THE COURT

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.