Matter of Kopec
2008 NY Slip Op 00799 [48 AD3d 1079]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


In the Matter of the Estate of Eleanor G. Kopec, Deceased. Michael Duffy, as Executor of Eleanor G. Kopec, Deceased, Appellant; Gilbert H. Stone, Respondent.

—[*1] Goldberg Segalla LLP, Rochester (Gary J. O'Donnell of counsel), for petitioner-appellant.

Sonneborn, Spring & O'Sullivan, P.C., Syracuse (James L. Sonneborn of counsel), for objectant-respondent.

Appeal from an order of the Surrogate's Court, Monroe County (Edmund A. Calvaruso, S.), entered October 23, 2006. The order, insofar as appealed from, denied the motion of petitioner for summary judgment dismissing the objections to the accounting.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision by the Surrogate. Present—Scudder, P.J., Martoche, Smith, Green and Gorski, JJ.