Opinion
1376 CA 17–00948
12-22-2017
In the Matter of 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.)
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.
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.
PRESENT: WHALEN, P.J., CENTRA, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
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 A.D.3d 1623, 1624, 881 N.Y.S.2d 246 [4th Dept. 2009] ).
It is hereby ORDERED that the decree is unanimously affirmed without costs.