Matter of Baer
2007 NY Slip Op 10223 [46 AD3d 1371]
December 21, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 13, 2008


In the Matter of the Estate of Sylvia M. Baer, Deceased. William C. Farner, Respondent; S. Marcy Baer et al., Appellants. (Appeal No. 2.)

—[*1] Damon & Morey LLP, Buffalo (Michael J. Willett of counsel), for respondents-appellants.

Farner & Farner, Buffalo (William C. Farner of counsel), petitioner-respondent pro se.

Appeal from an order of the Surrogate's Court, Erie County (Barbara Howe, S.), entered March 30, 2007. The order, inter alia, dismissed respondents' challenge to the subject matter jurisdiction of the court to the probate of decedent's last will and testament.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Same memorandum as in Matter of Baer (46 AD3d 1368 [2007]). Present—Hurlbutt, J.P., Centra, Lunn, Fahey and Pine, JJ.