Matter of Albright (2011 NY Slip Op 06686)

Matter of Albright

2011 NY Slip Op 06686 [87 AD3d 1294]

September 30, 2011

Appellate Division, Fourth Department

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

As corrected through Wednesday, November 9, 2011

In the Matter of the Estate of Muriel H. Albright, Deceased. Michael Albright, as Executor of Muriel H. Albright, Deceased, Appellant; Ervina Malin et al., Respondents. (Appeal No. 1.)

—[*1] Panzarella & Coia, P.C., Rochester (Chad M. Hummel of counsel), for petitioner-appellant.

Melvin Bressler, Rochester, for respondents-respondents.

Appeal from an order of the Surrogate's Court, Monroe County (Edmund A. Calvaruso, S.), entered October 6, 2009. The order directed Michael Albright, as executor of the estate of Muriel H. Albright, deceased, to deliver title and possession of a certain motor vehicle to Taylor D. Malin.

It is hereby ordered that said appeal is unanimously dismissed with costs.

Same memorandum as in Matter of Albright (87 AD3d 1294 [2011]). Present—Scudder, P.J., Smith, Carni, Lindley and Martoche, JJ.