Matter of Lewis v Hummel
2009 NY Slip Op 06455 [65 AD3d 898]
September 8, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 4, 2009


9—In the Matter of Anna R. Lewis, Respondent,
v
Lydia Hummel, Appellant, et al., Respondent.

—[*1] Arthur W. Greig, New York, for appellant.

A. Joshua Ehrlich, Albany, for Anna R. Lewis, respondent.

Judgment, Supreme Court, New York County (Edward H. Lehner, J.), entered August 28, 2009, unanimously reversed, on the law and the facts, without costs, and petitioner's motion to validate the petition denied.

Supreme Court abused its discretion in rejecting the credibility determinations of the Special Referee. Furthermore, there was insufficient evidence of record to validate the 39 "D'Ornellas" signatures. Concur—Gonzalez, P.J., Andrias, Catterson, Acosta and Renwick, JJ.