Matter of Estate of Sylvia M. Baer

Matter of Baer 2007 NY Slip Op 10224 [46 AD3d 1371] December 21, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

In the Matter of the Estate of Sylvia M. Baer, Deceased. William C. Farner, Respondent; S. Marcy Baer et al., Appellants. (Appeal No. 3.)

—[*1] Damon & Morey LLP, Buffalo (Michael J. Willett of counsel), for respondents-appellants.

Farner & Farner, Buffalo (William C. Farner of counsel), petitioner-respondent pro se.

Appeal from an order of the Surrogate's Court, Erie County (Barbara Howe, S.), entered June 29, 2007. The order, inter alia, denied the motion of respondents for leave to renew their jurisdictional challenge to the probate of decedent's last will and testament.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, respondents' motion for leave to renew is granted and, upon renewal, respondents' motion to dismiss the petition is granted and the petition is dismissed, and petitioner's motions are dismissed.

Same memorandum as in Matter of Baer (46 AD3d 1368 [2007]). Present—Hurlbutt, J.P., Centra, Lunn, Fahey and Pine, JJ.