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MATTER OF PETERS

563 CA 23-01297.

230 A.D.3d 1540 (2024)

220 N.Y.S.3d 203

2024 NY Slip Op 04660

In the Matter of the Estate of David C. Peters, Deceased. Tonawanda Indian Baptist Church, Appellant; Coreen Thompson, as Administrator C.T.A. of the Estate of David C. Peters, Deceased, Respondent.

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

Decided September 27, 2024.

Attorney(s) appearing for the Case

HODGSON RUSS LLP, ROCHESTER (CATHERINE GRANTIER COOLEY OF COUNSEL), FOR PETITIONER-APPELLANT.

LAW OFFICES OF JOHN P. BARTOLOMEI, NIAGARA FALLS (MATTHEW J. BIRD OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Present—Whalen, P.J., Lindley, Ogden, Greenwood and Keane, JJ.

Appeal from a decree (denominated order) of the Surrogate's Court, Genesee County (Melissa Lightcap Cianfrini, S.), entered April 21, 2023. The decree, inter alia, dismissed the petition.

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

Memorandum: Petitioner, Tonawanda Indian Baptist Church (Church), commenced this proceeding pursuant to SCPA 1420(1) seeking construction...

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