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MATTER OF BUCK

804.1CA 23-01365.

2024 NY Slip Op 01442

IN THE MATTER OF THE ESTATE OF KATHRYN W. BUCK, Deceased. RICHARD M. BUCK, III, Petitioner-Appellant. (Proceeding No. 1.) JOSEPH J. TIMPANO, TEMPORARY ADMINISTRATOR OF THE ESTATE OF KATHRYN W. BUCK, DECEASED, Petitioner-Respondent. (Proceeding No. 2.) RICHARD M. BUCK CONSTRUCTION CORPORATION, Petitioner, STEVEN G. BUCK AND BUCK CONSTRUCTION LLC, Interested Parties-Appellants. (Proceeding No. 3.)

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

Decided March 15, 2024.

Attorney(s) appearing for the Case

PHILLIPS LYTLE LLP, BUFFALO ( CRAIG R. BUCKI OF COUNSEL), AND LAW OFFICES OF DONALD R. GERACE, UTICA, FOR INTERESTED PARTIES-APPELLANTS AND PETITIONER-APPELLANT.

STEATES REMMELL STEATES & DZIEKAN, UTICA ( F. PAUL STEATES OF COUNSEL), FOR PETITIONER-RESPONDENT JOSEPH J. TIMPANO, TEMPORARY ADMINISTRATOR OF THE ESTATE OF KATHRYN W. BUCK, DECEASED.

THE LAW OFFICE OF KEVIN G. MARTIN, P.C., UTICA ( KEVIN G. MARTIN OF COUNSEL), GOLDBAS & LAREAUX, AND GETNICK LIVINGSTON ATKINSON & PRIORE, LLC, FOR INTERESTED PARTIES-RESPONDENTS MICHAEL G. BUCK, LISA BUCK POTTER AND KIMBERLY BUCK DIMICK.

PRESENT: WHALEN, P.J., CURRAN, MONTOUR, OGDEN, AND NOWAK, JJ.

Appeals from an order of the Surrogate's Court, Oneida County (Louis P. Gigliotti, S.), entered August 10, 2023. The order denied the cross-motion of Richard M. Buck, III, Steven G. Buck and Buck Construction LLC for recusal.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum:

In this contested probate proceeding, appellants appeal from an order of Surrogate's Court denying their posttrial cross-motion...

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