Matter of Cleveland
2007 NY Slip Op 00821 [37 AD3d 1094]
February 2, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 11, 2007


In the Matter of the Estate of Marjorie S. Cleveland, Also Known as Marjorie Stuber Cleveland, Deceased. Bank of America, N.A., Successor by Merger to Fleet National Bank, as Executor of Marjorie S. Cleveland, Also Known as Marjorie Stuber Cleveland, Deceased, Respondent; Eliot Spitzer, as Attorney General of the State of New York, Appellant.

—[*1] Eliot Spitzer, Attorney General, Albany (Edward Lindner of counsel), objectant-appellant pro se, in his statutory capacity under EPTL article 8.

Forsyth & Forsyth, Rochester (George K. Forsyth of counsel), for petitioner-respondent.

Appeal from a decree of the Surrogate's Court, Monroe County (Edmund A. Calvaruso, S.), entered April 4, 2006. The decree, among other things, dismissed the objections of Eliot Spitzer, Attorney General of the State of New York.

It is hereby ordered that the decree be and the same hereby is unanimously affirmed without costs for reasons stated in decision by the Surrogate. Present—Scudder, P.J., Gorski, Centra, Green and Pine, JJ.