*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 915

CA 14-01285

PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ. IN THE MATTER OF THE ESTATE OF DAVID C. PETERS,

DECEASED.

----------------------------------------------- COREEN N. THOMPSON, ADMINISTRATRIX CTA, PETITIONER-RESPONDENT;

MEMORANDUM AND ORDER JOAN PETERS, OBJECTANT-APPELLANT.

(APPEAL NO. 1.) COLUCCI & GALLAHER, P.C., BUFFALO (MOLLY M. KRAUZA OF COUNSEL), FOR OBJECTANT-APPELLANT.

LAW OFFICES OF JOHN P. BARTOLOMEI & ASSOCIATES, NIAGARA FALLS, D.J. & J.A. CIRANDO, ESQS., SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR PETITIONER-RESPONDENT. Appeal from an order of the Surrogate’s Court, Genesee County (Robert C. Noonan, S.), entered May 5, 2014. The order, among other things, determined that the Arrowhawk Smoke and Gas Shop business is an asset of the estate of David C. Peters.

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

Same memorandum as in Matter of Peters ([appeal No. 3] ___ AD3d ___ [Oct. 2, 2015]).

Entered: October 2, 2015 Frances E. Cafarell

Clerk of the Court