Matter of McHale

Matter of Mchale 2015 NY Slip Op 02580 Decided on March 27, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 27, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, LINDLEY, AND VALENTINO, JJ.
108 CA 13-00385

[*1]IN THE MATTER OF THE ESTATE OF MAGDA CORDELL MCHALE, DECEASED. ————————————————————————- DENISE KELLEHER, PETITIONER-RESPONDENT-RESPONDENT, EVAN MCHALE, RESPONDENT-PETITIONER-APPELLANT; THE JOHN MCHALE AND MAGDA MCHALE ARCHIVES FOUNDATION, RESPONDENT-RESPONDENT. ————————————————————-—- CHARITABLE BENEFICIARIES, INTERESTED PARTY-RESPONDENT.

Appeal from an order of the Surrogate's Court, Erie County (Barbara Howe, S.), entered September 28, 2012. The order adjudged that the January 21, 2008 Instrument of Gift is valid and fully enforceable and that the property encompassed by the Instrument of Gift is not part of the Estate of Magda Cordell McHale.

D.J. & J.A. CIRANDO, ESQS., SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR RESPONDENT-PETITIONER-APPELLANT.

HODGSON RUSS LLP, BUFFALO (HUGH M. RUSS, III, OF COUNSEL), FOR RESPONDENT-RESPONDENT.

JAECKLE FLEISCHMANN & MUGEL, LLP, BUFFALO (BEVERLY S. BRAUN OF COUNSEL), FOR PETITIONER-RESPONDENT-RESPONDENT.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (WILLIAM D. MALDOVAN OF COUNSEL), FOR INTERESTED PARTY-RESPONDENT.

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

Entered: March 27, 2015

Frances E. Cafarell

Clerk of the Court