MATTER OF LEWIS

1171 CA 13-00497

114 A.D.3d 231 (2014)

977 N.Y.S.2d 922

2014 NY Slip Op 10

In the Matter of the Estate of ROBYN R. LEWIS, Deceased. JAMES ROBERT SIMMONS, Respondent; MEREDITH M. STEWART et al., Appellants. (Appeal No. 2.).

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

Decided January 3, 2014.


Attorney(s) appearing for the Case

Wittenburg Law Firm, LLC, Syracuse, D.J. & J.A. Cirando, Esqs. ( Elizabeth de V. Moeller of counsel), for appellants.

Menter, Rudin & Trivelpiece, P.C., Syracuse ( Julian B. Modesti of counsel), for respondent.

FAHEY, LINDLEY and VALENTINO, JJ., concur with SCUDDER, P.J.; PERADOTTO, J., dissents and votes to reverse in accordance with the same dissenting opinion as in ( [2014] [appeal No. 1]).


OPINION OF THE COURT

SCUDDER, P.J.

Same opinion by SCUDDER, P.J., as in Matter of Lewis (114 A.D.3d 203 [2014] [appeal No. 1]).

It is hereby ordered that the decree so appealed from is affirmed...

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