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In the Matter of the Estate of Alex G. Schmidt

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


June 8, 2012

IN THE MATTER OF THE ESTATE OF ALEX G. SCHMIDT, ALSO KNOWN AS ALEXANDER GEORGE SCHMIDT, DECEASED.
ANN L. MCLAUGHLIN, PETITIONER-RESPONDENT;
THOMAS E. WEBB, JR., AS EXECUTOR OF THE ESTATE OF ALEX G. SCHMIDT, ALSO KNOWN AS ALEXANDER GEORGE SCHMIDT, DECEASED,
RESPONDENT-APPELLANT, ET AL., RESPONDENTS. (APPEAL NO. 2.)

Appeal from an order of the Surrogate's Court, Erie County (Barbara Howe, S.), entered March 15, 2011.

Matter of Schmidt

Decided on June 8, 2012

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.

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND SCONIERS, JJ.

The order, insofar as appealed from, granted in part the motion of petitioner to dismiss various affirmative defenses.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision by the Surrogate.

Entered: June 8, 2012

Frances E. Cafarell Clerk of the Court

20120608

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