MATTER OF THOMAS

308 CA 16-00940.

148 A.D.3d 1764 (2017)

2017 NY Slip Op 02545

51 N.Y.S.3d 760

In the Matter of the Estate of ANTHONY J. THOMAS and Another, Deceased. JOSEPH M. THOMAS et al., Appellants, v. TOM J. THOMAS, Respondent. (Appeal No. 2.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 31, 2017.


It is hereby ordered that said appeal from the decree insofar as it reserved decision is unanimously dismissed, and the decree is otherwise reversed on the law without costs, the motion for a directed verdict is denied, the petition and supplemental petition are reinstated, and the matter is remitted to Surrogate's Court, Monroe County, for further proceedings in accordance with the following memorandum: As we explained in a prior appeal, petitioners, respondent, and a nonparty...

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