*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 748

CA 11-01132

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND SCONIERS, JJ. IN THE MATTER OF THE ESTATE OF ALEX G. SCHMIDT,

ALSO KNOWN AS ALEXANDER GEORGE SCHMIDT,

DECEASED.

----------------------------------------------- ANN L. MCLAUGHLIN, PETITIONER-RESPONDENT;

ORDER THOMAS E. WEBB, JR., AS EXECUTOR OF THE ESTATE

OF ALEX G. SCHMIDT, ALSO KNOWN AS ALEXANDER

GEORGE SCHMIDT, DECEASED, RESPONDENT-APPELLANT, ET AL., RESPONDENTS.

(APPEAL NO. 2.) DAMON MOREY LLP, BUFFALO (GREGORY ZINI OF COUNSEL), FOR RESPONDENT-APPELLANT.

JOSEPH G. MAKOWSKI, BUFFALO (MICHAEL J. FLAHERTY OF COUNSEL), FOR PETITIONER-RESPONDENT. Appeal from an order of the Surrogate’s Court, Erie County (Barbara Howe, S.), entered March 15, 2011. The order, insofar as appealed from, granted in part the motion of petitioner to dismiss various affirmative defenses.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision by the Surrogate.

Entered: June 8, 2012 Frances E. Cafarell

Clerk of the Court