Matter of Schmidt
2012 NY Slip Op 04578 [96 AD3d 1479]
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 Alex G. Schmidt, Also Known as Alexander George Schmidt, Deceased. Ann L. McLaughlin, Respondent; Thomas E. Webb, Jr., as Executor of of Alex G. Schmidt, Also Known as Alexander George Schmidt, Deceased, Appellant, et al., Respondents. (Appeal No. 2.)

—[*1] Damon Morey LLP, Buffalo (Gregory Zini of counsel), for respondent-appellant.

Joseph G. Makowski, Buffalo (Michael J. Flaherty of counsel), for petitioner-respondent.

Appeal from an order of the Surrogate's Court, Erie County (Barbara Howe, S.), entered March 15, 2011. The order, insofar as appealed from, granted in part the motion of petitioner to dismiss various affirmative defenses.

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., Centra, Fahey, Peradotto and Sconiers, JJ.