Bader v Digney
2008 NY Slip Op 07327 [55 AD3d 1290]
October 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


Warren W. Bader, as Public Administrator C.T.A. of the Estate of Beryl R. Digney, Deceased, Respondent, v Kevin A. Digney, Appellant, et al., Defendant. (Appeal No. 1.)

—[*1] 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.

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.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Bader v Digney (55 AD3d 1290 [2008]). Present—Hurlbutt, J.P., Smith, Centra, Fahey and Gorski, JJ.