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MATTER OF PANELLA

332 CA 22-01573.

218 A.D.3d 1198 (2023)

194 N.Y.S.3d 626

2023 NY Slip Op 04009

In the Matter of the Estate of Richard N. Panella, Deceased. Nicole A. Ivie et al., Appellants; Deborah Whalen Panella, Respondent. (Appeal No. 2.)

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

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.

Present—Smith, J.P., Lindley, Curran, Montour and Ogden, JJ.

Appeal from an order of the Surrogate's Court, Oneida County (Louis P. Gigliotti, S.), entered September 21, 2022. The order dismissed the petition.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioners, who are the adult children of Richard N. Panella (decedent), commenced this proceeding seeking to enforce a provision (will provision) in the 1989 Separation Agreement (Agreement) and Final Decree...

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