Matter of Frank J. Prestifilippo

Matter of Prestifilippo 2003 NY Slip Op 20232 [2 AD3d 1435] December 31, 2003 Appellate Division, Fourth Department As corrected through Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 25, 2004

In the Matter of the Estate of Frank J. Prestifilippo, Deceased. Ross J. Incardone, Jr., as Executor of Frank J. Prestifilippo, Deceased, Respondent; Hugh Webster et al., Appellants.

—Appeal from an amended order of Surrogate's Court, Monroe County (Calvaruso, S.), entered February 3, 2003, which, inter alia, denied the claims of respondents against the estate for room, board and other services provided to decedent.

It is hereby ordered that the amended order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Surrogate's Court, Monroe County, Calvaruso, S. Present—Green, J.P., Hurlbutt, Scudder, Kehoe and Hayes, JJ.