Opinion
Argued March 30, 1977
Decided May 3, 1977
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, P. RAYMOND SIRIGNANO, J.
Stanley Geller and William J. Butler for appellant.
Charles E. Seidenstein for respondent.
Samuel S. Slavitt for guardian ad litem for Lillian F. Lyon.
Order affirmed, with costs payable to respondent out of the estate. Within the limited powers of review of this court, the order of the Appellate Division is affirmed on the memorandum of that court ( 52 A.D.2d 847).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.