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MATTER OF BUCK

804CA 23-00285.

2024 NY Slip Op 01443

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-Respondent, 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 and decree of the Surrogate's Court, Oneida County (Louis P. Gigliotti, S.), entered December 30, 2022. The order and decree, inter alia, denied the petition for probate and granted the discovery petition.

It is hereby ORDERED that said appeal insofar as taken by interested party Buck Construction LLC is unanimously dismissed and the order and decree is modified on the law and facts by vacating the first decretal paragraph, granting in part the...

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