Matter of Marriott
2009 NY Slip Op 08378 [67 AD3d 1424]
November 13, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010


In the Matter of the Estate of Aldona K. Marriott, Deceased. Gail Marriott, Respondent; Robert W. Marriott, Appellant, et al., Respondent.

—[*1] Peter M. Hobaica, LLC, Utica (George E. Curtis of counsel), for objectant-appellant.

McMahon and Grow, Rome (David C. Grow of counsel), for petitioner-respondent.

Katherine P. Hawkridge, Utica, for respondent.

Appeal from an order of the Surrogate's Court, Oneida County (David A. Murad, S.), entered June 18, 2008. The order, among other things, granted petitioner's motion for summary judgment dismissing the objections to the probate of the will.

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., Hurlbutt, Martoche, Centra and Peradotto, JJ.