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In re Estate of Lewis

Supreme Court of New York, Fourth Department

January 3, 2014

In the Matter of the Estate of Robyn R. Lewis, Deceased. JAMES ROBERT SIMMONS, PETITIONER-RESPONDENT; OPINION AND MEREDITH M. STEWART, RONALD L. LEWIS, RONALD L. LEWIS, II, AND JONATHAN K. LEWIS, OBJECTANTS-APPELLANTS. (APPEAL NO. 2.)

Appeal from a decree of the Surrogate's Court, Jefferson County (Peter A. Schwerzmann, S.), entered May 22, 2012. The decree revoked amended letters of administration issued to objectants Ronald L. Lewis and Meredith M. Stewart and issued letters testamentary to petitioner.

WITTENBURG LAW FIRM, LLC, SYRACUSE, D.J. & J.A. CIRANDO, ESQS. (ELIZABETH deV. MOELLER OF COUNSEL), FOR OBJECTANTS-APPELLANTS.

MENTER, RUDIN & TRIVELPIECE, P.C., SYRACUSE (JULIAN B. MODESTI OF COUNSEL), FOR PETITIONER-RESPONDENT.

PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, LINDLEY, AND VALENTINO, JJ.

It is hereby ORDERED that the decree so appealed from is affirmed without costs.

Same Opinion by Scudder, P.J., as in Matter of Lewis ([appeal No. 1] ___ A.D.3d ___ [Jan. 3, 2014]).

Fahey, Lindley and Valentino, JJ., concur with Scudder, P.J.; Peradotto, J., dissents and votes to reverse in accordance with the same dissenting Opinion as in Matter of Lewis ([appeal No. 1] ___ A.D.3d ___ [Jan 3, 2014]).


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