Matter of Werner
2012 NY Slip Op 04511 [96 AD3d 1427]
June 8, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


In the Matter of the Estate of Helen Werner, Deceased. James Conniff, Respondent; Edward Dudek, Appellant.

—[*1] Sakowski & Markello, LLP, Elma (Joseph A. Sakowski of counsel), for Objectant-Appellant.

Miskell & Moxham, Lockport, Peter J. Brevorka, P.C., Amherst (Peter J. Brevorka of counsel), for petitioner-respondent.

Appeal from an order of the Surrogate's Court, Erie County (Barbara Howe, S.), entered July 6, 2011. The order granted the motion of petitioner for summary judgment, dismissed the objections to probate and directed that the last will and testament of decedent, dated July 2, 2009, be admitted to probate.

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—Centra, J.P., Fahey, Peradotto, Carni and Sconiers, JJ. [Prior Case History: 2011 NY Slip Op 52522(U).]

[Prior Case History: 2011 NySlipOp 52522(U).]