IN RE: PROBATE OF THE LAST WILL AND (2017)

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

IN RE: PROBATE OF THE LAST WILL AND TESTAMENT OF CHARLOTTE S. VANLOAN, DECEASED EDWARD C. VANLOAN, JR., AND KAREN DUFFY, PETITIONERS–RESPONDENTS; ROBIN V. JONES, RESPONDENT–APPELLANT. (APPEAL NO. 2.)

CA 17–00948

Decided: December 22, 2017

PRESENT: WHALEN, P.J., CENTRA, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.

LAW OFFICES OF HARIRI & CRISPO, NEW YORK CITY (RONALD D. HARIRI OF COUNSEL), FOR RESPONDENT–APPELLANT. COSTELLO, COONEY & FEARON, PLLC, SYRACUSE (JOHN M. DELANEY OF COUNSEL), FOR PETITIONERS–RESPONDENTS.

MEMORANDUM AND ORDER

It is hereby ORDERED that the decree is unanimously affirmed without costs.

Memorandum: We affirm the decree for reasons stated in the decision at Surrogate's Court. We write only to note that respondent's contention that the Surrogate erred in granting petitioners' motion for summary judgment dismissing her objections to probate because petitioners failed to attach a copy of the pleadings to the motion papers “is raised for the first time on appeal and thus is not properly before us” (Chapman v. Pyramid Co. of Buffalo, 63 AD3d 1623, 1624 [4th Dept 2009] ).

Mark W. Bennett

Clerk of the Court

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