Matter of Lambert
2013 NY Slip Op 00595 [103 AD3d 1099]
February 1, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 27, 2013


In the Matter of the Estate of Gloria H. Lambert, Deceased. Wayne C. Lambert, Respondent; John R. Lambert, Appellant.

—[*1] The Hilpert Law Offices, Croton-on-hudson (Steven Felsenfeld of counsel), for respondent-petitioner-appellant.

Marianne Brown, Liverpool, D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of counsel), for petitioner-respondent-respondent.

Appeal from an order of the Surrogate's Court, Oswego County (John J. Elliott, S.), entered September 15, 2011. The order, inter alia, denied the motion of respondent-petitioner to vacate a decree of probate, granted the petition of petitioner-respondent for appointment as successor executor and denied the cross petition of respondent-petitioner for 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—Smith, J.P., Peradotto, Lindley, Sconiers and Valentino, JJ.