Matter of Hess
2026 NY Slip Op 02563 [248 AD3d 1785]
April 24, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2026
In the Matter of the Estate of Janet Hess, Also Known as Janet Elaine Hess, Deceased. Barrett Hess, Appellant; Jennifer Hess et al., Respondents.
April 24, 2026
APPEARANCES OF COUNSEL
Phillips Lytle LLP, Buffalo (Amanda L. Lowe of counsel), for petitioner-appellant.
Hodgson Russ LLP, Albany (Michael D. Zahler of counsel), for respondent-respondent Jennifer Hess.
Lippes Mathias LLP, Buffalo (Courtney Donahue Tasner of counsel), for respondents-respondents Adam Hess and Ephraim Hess.
Appeal from an order of the Surrogate's Court, Chautauqua County (Stephen W. Cass, S.), entered December 4, 2024. The order granted the motion of respondents to dismiss the probate petition and dismissed the petition.
It is hereby ordered that the order so appealed from is unanimously affirmed with costs for reasons stated in the decision by the Surrogate. Present—Whalen, P.J., Bannister, Montour, Greenwood and Hannah, JJ.