Matter of Panella
2023 NY Slip Op 04008 [218 AD3d 1198]
July 28, 2023
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 6, 2023


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 In the Matter of the Estate of Richard N. Panella, Deceased. Nicole A. Ivie et al., Appellants; Deborah Whalen Panella, Respondent. (Appeal No. 1.)

Byrne, Costello & Pickard, P.C., Syracuse (Jordan R. Pavlus of counsel), for petitioners-appellants.

Barclay Damon LLP, Syracuse (Jon P. Devendorf of counsel), for respondent-respondent.

Appeal from an order of the Surrogate's Court, Oneida County (Louis P. Gigliotti, S.), entered August 3, 2021. The order, among other things, denied petitioners' motion for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Matter of Panella ([appeal No. 2] 218 AD3d 1198 [4th Dept 2023]). Present—Smith, J.P., Lindley, Curran, Montour and Ogden, JJ.