Opinion
No. CA 07-02686.
October 3, 2008.
Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered April 20, 2007. The order, insofar as appealed from, denied that part of the motion of defendant Kevin A. Digney to transfer the action to Surrogate's Court.
COTE, LIMPERT VAN DYKE, LLP, SYRACUSE (M. JOANNE VAN DYKE OF COUNSEL), FOR DEFENDANT-APPELLANT.
COSTELLO, COONEY FEARON, PLLC, SYRACUSE (NICOLE MARLOW-JONES OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: Hurlbutt, J.P., Smith, Centra, Fahey and Gorski, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Same memorandum as in Bader v Digney ( 55 AD3d 1290).