Matter of Lewis
2014 NY Slip Op 00011 [113 AD3d 1081]
January 3, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 5, 2014


In the Matter of the Estate of Robyn R. Lewis, Deceased. James Robert Simmons, Respondent; Meredith M. Stewart et al., Appellants. (Appeal No. 3.)

—[*1] Wittenburg Law Firm, LLC, Syracuse, D.J. & J.A. Cirando, Esqs. (Elizabeth DeV. Moeller of counsel), for objectants-appellants.

Menter, Rudin & Trivelpiece, P.C., Syracuse (Julian B. Modesti of counsel), for petitioner-respondent.

Appeal from an amended decree of the Surrogate's Court, Jefferson County (Peter A. Schwerzmann, S.), entered June 4, 2012. The amended decree dismissed the objections to the petition for probate and admitted to probate the last will and testament of Robyn R. Lewis, deceased, executed July 15, 1996.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Kolasz v Levitt, 63 AD2d 777, 779 [1978]). Present—Scudder, P.J., Fahey, Peradotto, Lindley and Valentino, JJ.