Matter of Thomas

Matter of Thomas 2015 NY Slip Op 00022 Decided on January 2, 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 January 2, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., FAHEY, CARNI, AND LINDLEY, JJ.
1117 CA 14-00210

[*1]IN THE MATTER OF THE ESTATE OF ANTHONY J. THOMAS, DECEASED. - IN THE MATTER OF THE ESTATE OF DOROTHY THOMAS, DECEASED. - JOSEPH M. THOMAS AND GLORIA M. BORRELLI, PETITIONERS-APPELLANTS; TOM J. THOMAS, RESPONDENT-RESPONDENT. (APPEAL NO. 2.)

Appeal from an order of the Surrogate's Court, Monroe County (John M. Owens, A.S.), entered December 10, 2013. The order directed that petitioners may not inquire of the executor, or otherwise obtain disclosure, concerning his ownership of the stock of New York State Fence Company or concerning the finances or affairs of that company.

BOND, SCHOENECK & KING, PLLC, ROCHESTER (JONATHAN B. FELLOWS OF COUNSEL), FOR PETITIONERS-APPELLANTS.

ADAMS BELL ADAMS, P.C., ROCHESTER (ANTHONY J. ADAMS, JR., OF COUNSEL), FOR RESPONDENT-RESPONDENT.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs.

Same Memorandum as in Matter of Estate of Thomas ([appeal No. 1] ___ AD3d ___ [Jan. 2, 2015]).

Entered: January 2, 2015

Frances E. Cafarell

Clerk of the Court