Matter of McGuire (2025 NY Slip Op 04397)
Matter of McGuire
2025 NY Slip Op 04397 [240 AD3d 1396]
July 25, 2025
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 10, 2025


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 In the Matter of the Estate of Francis J. McGuire, Also Known as Frank J. McGuire, Deceased. Jordan A. Tripi, Respondent; Jeanne Marie McGuire et al., Appellants, et al., Respondent. (Appeal No. 1.)

Magavern Magavern Grimm LLP, Buffalo (Edward J. Markarian of counsel), for respondent-appellant Jeanne Marie McGuire.

Lippes Mathia, LLP, Buffalo (Courtney J. Donahue Tasner of counsel), for respondent-appellant Kathleen McGuire.

Cole, Sorrentino, Hurley, Hewner and Gambino, P.C., Buffalo (Thomas F. Hewner of counsel), for respondents-appellants F. James McGuire and others.

Dan Chiacchia Attorneys, PLLC, Hamburg (Tiffany M. Kopacz of counsel), for petitioner-respondent.

Appeals from an order of the Surrogate's Court, Erie County (Acea M. Mosey, S.), entered February 20, 2024. The order granted the application of petitioner to the extent it sought to compel nonconsensual DNA testing of a child of decedent.

It is hereby ordered that said appeals are unanimously dismissed without costs.

Same memorandum as in Matter of McGuire ([appeal No. 2] 240 AD3d 1397 [4th Dept 2025]). Present—Lindley, J.P., Curran, Smith and Hannah, JJ.