Estate of Thomas v. Thomas (In re Estate of Thomas)

Full title: IN THE MATTER OF THE ESTATE OF ANTHONY J. THOMAS, DECEASED. IN THE MATTER…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Jan 2, 2015

2015 N.Y. Slip Op. 22 (N.Y. App. Div. 2015)

Opinion

1117 CA 14-00210

01-02-2015

IN THE MATTER OF THE ESTATE OF ANTHONY J. THOMAS, DECEASED. IN THE MATTER OF THE ESTATE OF DOROTHY THOMAS, DECEASED. JOSEPH M. THOMAS AND GLORIA M. BORRELLI, PETITIONERS-APPELLANTS; v. TOM J. THOMAS, RESPONDENT-RESPONDENT. (APPEAL NO. 2.)

BOND, SCHOENECK & KING, PLLC, ROCHESTER (JONATHAN B. FELLOWS OF COUNSEL), FOR PETITIONERS-APPELLANTS. ADAMS BELL ADAMS, P.C., ROCHESTER (ANTHONY J. ADAMS, JR., OF COUNSEL), FOR RESPONDENT-RESPONDENT.

SCUDDER, P.J.

PRESENT: , FAHEY, CARNI, AND LINDLEY, JJ.

Appeal from an order of the Surrogate's Court, Monroe County (John M. Owens, A.S.), entered December 10, 2013. The order directed that petitioners may not inquire of the executor, or otherwise obtain disclosure, concerning his ownership of the stock of New York State Fence Company or concerning the finances or affairs of that company.

BOND, SCHOENECK & KING, PLLC, ROCHESTER (JONATHAN B. FELLOWS OF COUNSEL), FOR PETITIONERS-APPELLANTS.

ADAMS BELL ADAMS, P.C., ROCHESTER (ANTHONY J. ADAMS, JR., OF COUNSEL), FOR RESPONDENT-RESPONDENT.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs.

Same Memorandum as in Matter of Estate of Thomas ([appeal No. 1] ___ AD3d ___ [Jan. 2, 2015]).

Entered: January 2, 2015

Frances E. Cafarell

Clerk of the Court