Matter of Petote (2011 NY Slip Op 00940)

Matter of Petote

2011 NY Slip Op 00940 [81 AD3d 1373]

February 10, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 30, 2011

In the Matter of the Estate of Carol Petote, Deceased. Karen M. Petote, Appellant; Thomas Chichester, Respondent. (Appeal No. 2.)

—[*1] Michael Steinberg, Rochester, for petitioner-appellant.

Michael A. Rosenhouse, Rochester, for respondent-respondent.

Appeal from an order of the Surrogate's Court, Monroe County (Edmund A. Calvaruso, S.), entered February 26, 2009. The order awarded respondent attorney's fees.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs.

Same memorandum as in Matter of Petote (81 AD3d 1370 [2011]). Present—Smith, J.P., Peradotto, Carni, Lindley and Sconiers, JJ.