Matter of Hess
This text of Matter of Hess (Matter of Hess) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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Bureau Thomas J.K. Smith, State Reporter
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Matter of Hess
2026 NY Slip Op 02563
April 24, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
IN THE MATTER OF THE ESTATE OF JANET HESS, ALSO KNOWN AS JANET ELAINE HESS, DECEASED. -------------------------------------------- BARRETT HESS, PETITIONER-APPELLANT, JENNIFER HESS, ADAM HESS AND EPHRAIM HESS, RESPONDENTS-RESPONDENTS.
Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department
Decided on April 24, 2026
287 CA 24-02071
Present: Whalen, P.J., Bannister, Montour, Greenwood, And Hannah, JJ.
PHILLIPS LYTLE LLP, BUFFALO (AMANDA L. LOWE OF COUNSEL), FOR PETITIONER-APPELLANT.
HODGSON RUSS LLP, ALBANY (MICHAEL D. ZAHLER OF COUNSEL), FOR RESPONDENT-RESPONDENT JENNIFER HESS.
LIPPES MATHIAS LLP, BUFFALO (COURTNEY DONAHUE TASNER OF COUNSEL), FOR RESPONDENTS-RESPONDENTS ADAM HESS AND EPHRAIM HESS.
Appeal from an order of the Surrogate's Court, Chautauqua County (Stephen W. Cass, S.), entered December 4, 2024. The order granted the motion of respondents to dismiss the probate petition and dismissed the petition.
[*1]It is hereby ORDERED that the order so appealed from is unanimously affirmed with costs for reasons stated in the decision by the Surrogate.
Entered: April 24, 2026
Ann Dillon Flynn
Clerk of the Court
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