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MATTER OF ESTATE OF MAIKA

123 CA 20-01422.

206 A.D.3d 1563 (2022)

170 N.Y.S.3d 414

2022 NY Slip Op 03589

In the Matter of the Estate of Frank I. Maika, Deceased. Cora A. Alsante, Administratrix of the Estate of Frank I. Maika, Deceased, Respondent; Anne Maika et al., Appellants.

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

Decided June 3, 2022.

Attorney(s) appearing for the Case

COSTELLO, COONEY & FEARON, PLLC, SYRACUSE ( DANIEL R. ROSE OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

HANCOCK ESTABROOK, LLP, SYRACUSE ( JANET D. CALLAHAN OF COUNSEL), FOR PETITIONER-RESPONDENT.

Present— Whalen, P.J., Smith, Centra, Peradotto and NeMoyer, JJ.

It is hereby ordered that the order so appealed from is reversed on the law without costs, the motion is granted, and the petition is dismissed.

Memorandum: In this proceeding pursuant to SCPA 2103, respondents appeal from an order that, inter alia, denied their motion for summary judgment dismissing the petition, sua sponte granted summary judgment on the petition, and set aside a deed conveying real property to respondents. We agree with respondents that Supreme...

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