Matter of Stanley
2010 NY Slip Op 09638 [79 AD3d 1625]
December 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


In the Matter of the Estate of Kevin W. Stanley, Deceased. Diane R. Stanley, as Executrix of Kevin W. Stanley, Deceased, Appellant; Lawrence J. Mattar, Esq., as Guardian ad Litem for Ashley Stanley, a Minor, et al., Respondents. In the Matter of the Estate of Kathleen A. Stanley, Deceased. Richard T. Stanley, as Administrator of the Estate of Kathleen A. Stanley, Deceased, Appellant; Lawrence J. Mattar, Esq., as Guardian ad Litem for Ashley Stanley, a Minor, et al., Respondents. (Appeal No. 3.)

—[*1] Hogan Willig, Amherst (John Licata of counsel), for petitioners-appellants.

Arcangelo J. Petricca, Lackawanna, respondent-respondent pro se for Arcangelo J. Petricca, Esq., as Guardian Ad Litem for Kathryn Stanley, a Minor.

Mattar, D'Agostino & Gottlieb, LLP, Buffalo (Jonathan Schapp of counsel), for respondent-respondent Lawrence J. Mattar, Esq., as Guardian Ad Litem for Ashley Stanley, a Minor.

Appeals from an order of the Surrogate's Court, Erie County (Barbara Howe, S.), entered October 9, 2009. The order, among other things, determined that petitioners' amended pleadings were untimely filed.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Matter of Stanley (79 AD3d 1620; [ 2010]). Present—Centra, J.P., Fahey, Peradotto, Lindley and Green, JJ.