Matter of Thomas
Annotate this CaseDecided on March 31, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., SMITH, CENTRA, CURRAN, AND SCUDDER, JJ.
307 CA 16-00939
[*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,
v
TOM J. THOMAS, RESPONDENT-RESPONDENT. (APPEAL NO. 1.)
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), AND LACY KATZEN (RACHELLE H. NUHFER OF COUNSEL), FOR RESPONDENT-RESPONDENT.
Appeal from an order of the Surrogate's Court, Monroe County (John M. Owens, S.), entered March 4, 2016. The order, among other things, directed that petitioners have the burden of proof at the hearing to establish that New York State Fence Company stock should be included in the estates.
It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy , 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts , 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).
Entered: March 31, 2017
Frances E. Cafarell
Clerk of the Court
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