Opinion
CA 04-00007.
February 11, 2004.
Appeal from an order of the Surrogate's Court, Ontario County (Frederick G. Reed, S.), entered April 4, 2003 in a proceeding pursuant to SCPA 1420. The order denied the petition for construction of decedent's will.
MUEHE AND MUEHE, CANANDAIGUA (GEORGE F. NEWTON OF COUNSEL), FOR PETITIONER-APPELLANT.
JOHN C. PUTNEY, MT. MORRIS, FOR RESPONDENT-RESPONDENT.
Before: PRESENT: PINE, J.P., WISNER, SCUDDER, KEHOE, AND HAYES, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs ( see Matter of Eric D. [appeal No. 1], 162 A.D.2d 1051).