Matter of Peters

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Matter of Peters 2015 NY Slip Op 07082 Decided on October 2, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 2, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
916 CA 14-01286

[*1]IN THE MATTER OF THE ESTATE OF DAVID C. PETERS, DECEASED. ———————————————————————- COREEN N. THOMPSON, ADMINISTRATRIX CTA, PETITIONER-RESPONDENT; JOAN PETERS, OBJECTANT-APPELLANT. (APPEAL NO. 2.)



COLUCCI & GALLAHER, P.C., BUFFALO (MOLLY M. KRAUZA OF COUNSEL), FOR OBJECTANT-APPELLANT.

LAW OFFICES OF JOHN P. BARTOLOMEI & ASSOCIATES, NIAGARA FALLS, D.J. & J.A. CIRANDO, ESQS., SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR PETITIONER-RESPONDENT.



Appeal from a decree of the Surrogate's Court, Genesee County (Robert C. Noonan, S.), entered June 4, 2014. The decree directed Joan Peters to disgorge and release certain property and ordered that all bequests not yet received by Joan Peters under the last will and testament of David C. Peters are revoked and forfeited.

It is hereby ORDERED that the decree so appealed from is unanimously reversed on the law without costs, and the matter is remitted to Surrogate's Court, Genesee County, for further proceedings on the petition.

Same memorandum as in Matter of Peters ([appeal No. 3] ___ AD3d ___ [Oct. 2, 2015]).

Entered: October 2, 2015

Frances E. Cafarell

Clerk of the Court