MATTER OF ESTATE OF UCCELLINI

530868.

192 A.D.3d 1231 (2021)

143 N.Y.S.3d 704

2021 NY Slip Op 01303

In the Matter of the Estate of Walter J. Uccellini, Deceased. Luck Builders, Inc., Appellant; Michael J. Uccellini, as Coexecutor of the Estate of Walter J. Uccellini, Deceased, Respondent, et al., Respondents.

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

Decided March 4, 2021.


Attorney(s) appearing for the Case

O'Connell & Aronowitz, Albany ( Paul A. Feigenbaum of counsel), for appellant.

Kelley, Drye & Warren, LLP, New York City ( Vincent P. Rao II of counsel), for Michael J. Uccellini, respondent.

Egan Jr., Clark and Reynolds Fitzgerald, JJ., concur.


Prior to his death, Walter F. Uccellini (hereinafter decedent) and his company were defendants in an action commenced by petitioner. In June 2012, decedent and petitioner entered into a settlement stipulation before Supreme Court (Ryan, J.), whereby decedent or his company, in exchange for a release, would pay petitioner a certain amount...

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