MATTER OF HURLBUT v. LEO M. BEAN FUNERAL HOME, INC.

145 CA 21-00571.

207 A.D.3d 1096 (2022)

171 N.Y.S.3d 701

2022 NY Slip Op 04439

In the Matter of Robert W. Hurlbut, Respondent, v. Leo M. Bean Funeral Home, Inc., Doing Business as Leo M. Bean and Sons Funeral Home, Respondent, and Christine Owen, Appellant.

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

Decided July 8, 2022.


Attorney(s) appearing for the Case

HARRIS BEACH, PLLC, PITTSFORD ( KYLE D. GOOCH OF COUNSEL), FOR RESPONDENT-APPELLANT.

LAW OFFICES OF PULLANO & FARROW PLLC, ROCHESTER ( MALLORY K. SMITH OF COUNSEL), FOR PETITIONER-RESPONDENT.

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


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and the petition against respondent Christine Owen is dismissed.

Memorandum: Petitioner commenced this proceeding pursuant to Public Health Law § 4201 seeking a determination with respect to the disposition of the remains of his deceased mother (decedent), who was also the mother of Christine Owen (respondent). After respondent filed an answer and objections...

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