Matter of Kaminski
2007 NY Slip Op 02343 [38 AD3d 1334]
March 16, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 9, 2007


In the Matter of the Estate of Stanley J. Kaminski, Deceased. Judith A. Groat et al., Appellants; Mary Ann Hartman et al., Respondents.

—[*1] Phillips Lytle LLP, Buffalo (Thomas S. Wiswall of counsel), for petitioners-appellants.

Bouvier Partnership, LLP, Buffalo (Norman E.S. Greene of counsel), for respondent-respondent Mary Ann Hartman.

Richard B. Scott, Buffalo, for respondents-respondents Stanley M. Kaminski and Joseph E. Kaminski.

Appeal from a decree of the Surrogate's Court, Erie County (Barbara Howe, S.), entered December 14, 2005. The decree denied petitioners' motion for summary judgment, granted summary judgment to respondents and dismissed petitioners' cause of action.

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., Hurlbutt, Centra, Fahey and Green, JJ.