THOMAS, JOSEPH M., MTR. OF

Appellate Division of the Supreme Court of the State of New York·Decided January 2, 2015·No. CA 14-00210·Published

Opinion

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

1117 CA 14-00210 PRESENT: SCUDDER, P.J., FAHEY, CARNI, AND LINDLEY, JJ.

IN THE MATTER OF THE ESTATE OF ANTHONY J. THOMAS, DECEASED. ------------------------------------------------- IN THE MATTER OF THE ESTATE OF DOROTHY THOMAS, MEMORANDUM AND ORDER DECEASED. ------------------------------------------------- JOSEPH M. THOMAS AND GLORIA M. BORRELLI, PETITIONERS-APPELLANTS;

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.

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.

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

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