Matter of Panella

Matter of Panella 2023 NY Slip Op 04010 Decided on July 28, 2023 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 July 28, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., LINDLEY, CURRAN, MONTOUR, AND OGDEN, JJ.
333 CA 22-01753

[*1]IN THE MATTER OF THE ESTATE OF RICHARD N. PANELLA, DECEASED. NICOLE A. IVIE AND STEPHEN R. PANELLA, PETITIONERS-APPELLANTS; DEBORAH WHALEN PANELLA, RESPONDENT-RESPONDENT. (APPEAL NO. 3.)

BYRNE, COSTELLO & PICKARD, P.C., SYRACUSE (JORDAN R. PAVLUS OF COUNSEL), FOR PETITIONERS-APPELLANTS.

BARCLAY DAMON LLP, SYRACUSE (JON P. DEVENDORF OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Appeal from an amended order of the Surrogate's Court, Oneida County (Louis P. Gigliotti, S.), entered October 11, 2022. The amended order dismissed the petition.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same memorandum as in Matter of Estate of Panella ([appeal No. 2] — AD3d — [July 28, 2023] [4th Dept 2023]).

Entered: July 28, 2023

Ann Dillon Flynn

Clerk of the Court