| Matter of McHale |
| 2015 NY Slip Op 02580 [126 AD3d 1433] |
| March 27, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of the Estate of Magda Cordell McHale, Deceased. Denise Kelleher, Respondent; Evan McHale, Appellant, et al., Respondents. |
D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of counsel), for respondent-petitioner-appellant.
Hodgson Russ LLP, Buffalo (Hugh M. Russ, III, of counsel), for respondent-respondent.
Jaeckle Fleischmann & Mugel, LLP, Buffalo (Beverly S. Braun of counsel), for petitioner-respondent-respondent.
Eric T. Schneiderman, Attorney General, Albany (William D. Maldovan of counsel), for interested party-respondent.
Appeal from an order of the Surrogate's Court, Erie County (Barbara Howe, S.), entered September 28, 2012. The order adjudged that the January 21, 2008 instrument of gift is valid and fully enforceable and that the property encompassed by the instrument of gift is not part of the estate of Magda Cordell McHale.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Carni, Lindley and Valentino, JJ.