Matter of Ewing (2025 NY Slip Op 00556)
Matter of Ewing
2025 NY Slip Op 00556 [234 AD3d 1305]
January 31, 2025
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 12, 2025


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 In the Matter of the Estate of Gordon Ewing, Also Known as Gordon M. Ewing, Deceased. Nancy Ewing, Executor of the Estate of Gordon Ewing, Deceased, Appellant; Gail Burns, Individually and as Administrator of the Estate of Rebecca J. Burns-Ewing, Respondent. (Appeal No. 3.)

Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., Buffalo, Magavern Magavern Grimm LLP (Edward J. Markarian of counsel), for petitioner-appellant.

Jeffrey F. Voelkl, Williamsville, for respondent-respondent.

Appeal from an order of the Surrogate's Court, Erie County (Acea M. Mosey, S.), entered July 12, 2022. The order, among other things, denied in part petitioner's motion for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Panella [appeal No. 2], 218 AD3d 1198, 1199 [4th Dept 2023]; Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988, 988 [4th Dept 1988]). Present—Smith, J.P., Bannister, Montour, Greenwood and Keane, JJ.