| Matter of Deskins v P.E. Express, Inc. |
| 2005 NY Slip Op 04708 [19 AD3d 1186] |
| Decided on June 10, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on June 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., HURLBUTT, KEHOE, SMITH, AND HAYES, JJ.
490 CA 04-02791
[*1]MATTER OF THE ESTATE OF KENNETH R. DESKINS, DECEASED. —————————————————————— ORDER GARY DESKINS, AS EXECUTOR OF THE ESTATE OF KENNETH R. DESKINS, DECEASED, PETITIONER-RESPONDENT;
and
P.E. EXPRESS, INC., RESPONDENT-APPELLANT.
Appeal from an order of the Surrogate's Court, Jefferson County (Peter A. Schwerzmann, S.), entered March 30, 2004 in a proceeding to determine the validity and enforceability of a claim against an estate. The order adjudged that respondent has a valid claim against the estate but that it may not execute any judgment resulting from that claim.
SLYE & BURROWS, WATERTOWN (CHRISTINA E. STONE OF COUNSEL), FOR RESPONDENT-APPELLANT.
SCHWERZMANN & WISE, P.C., WATERTOWN (KEITH B. CAUGHLIN OF COUNSEL), FOR PETITIONER-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: June 10, 2005
JoAnn M. Wahl
Clerk of the Court