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IN THE MATTER OF ESTATE OF VELIE

CA 08-01824

2009 NY Slip Op 03562

IN THE MATTER OF THE ESTATE OF ELIZABETH O. VELIE, DECEASED. EDWARD C. VELIE, JR., PETITIONER-RESPONDENT-APPELLANT; CHRISTINE B. WILCOX, JOHN WILCOX, AND ELIZABETH WILCOX, RESPONDENTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 2.).

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided May 1, 2009.

Attorney(s) appearing for the Case

JAECKLE FLEISCHMANN & MUGEL, LLP, BUFFALO (HEATH J. SZYMCZAK OF COUNSEL), FOR RESPONDENT-APPELLANT-RESPONDENT CHRISTINE B. WILCOX.

R. THOMAS BURGASSER, PLLC, NORTH TONAWANDA (R. THOMAS BURGASSER OF COUNSEL), FOR RESPONDENTS-APPELLANTS-RESPONDENTS JOHN WILCOX AND ELIZABETH WILCOX.

GROSS, SHUMAN, BRIZDLE & GILFILLAN, P.C., BUFFALO (ROBERT J. FELDMAN OF COUNSEL), FOR PETITIONER-RESPONDENT-APPELLANT.

PRESENT: MARTOCHE, J.P., CENTRA, CARNI, AND GORSKI, JJ.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying the motion in its entirety and by granting a jury trial and as modified the order is affirmed without costs.

Memorandum: Petitioner commenced this proceeding pursuant to SCPA 2103 seeking discovery and delivery of certain assets that allegedly belonged to the estate of petitioner's mother (decedent). Respondent Christine B. Wilcox (decedent's daughter) contends on appeal...

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