Matter of Drapanas
2007 NY Slip Op 03515 [39 AD3d 1272]
April 20, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 6, 2007


In the Matter of the Estate of Roberta Macheras Drapanas, Deceased. Shea's O'Connell Preservation Guild, Ltd., Respondent; Marylou Roberts, as Executrix of Roberta Macheras Drapanas, Deceased, Appellant, and Andrew M. Cuomo, as Attorney General of State of New York, Respondent.

—[*1] Spadafora & Verrastro, LLP, Buffalo (Kelly A. Feron of counsel), for respondent-appellant.

Phillips Lytle LLP, Buffalo (Kenneth A. Manning of counsel), for petitioner-respondent.

Andrew M. Cuomo, Attorney General, Albany (William D. Maldovan of counsel), respondent-respondent pro se, in his statutory capacity under EPTL article 8. Appeal from a decree of the Surrogate's Court, Erie County (Barbara Howe, S.), entered December 14, 2005. The decree granted petitioner's motion for summary judgment on the petition to determine the validity, construction and effect of the last will and testament of decedent.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on March 26, 2007,

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Hurlbutt, Green and Pine, JJ.