*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 889

CA 10-01697

PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND MARTOCHE, JJ. IN THE MATTER OF THE ESTATE OF MURIEL H.

ALBRIGHT, DECEASED. ------------------------------------------- MEMORANDUM AND ORDER MICHAEL ALBRIGHT, AS EXECUTOR OF THE ESTATE

OF MURIEL H. ALBRIGHT, DECEASED,

PETITIONER-APPELLANT,

ERVINA MALIN AND TAYLOR D. MALIN,

RESPONDENTS-RESPONDENTS.

(APPEAL NO. 1.) PANZARELLA & COIA, P.C., ROCHESTER (CHAD M. HUMMEL OF COUNSEL), FOR PETITIONER-APPELLANT.

MELVIN BRESSLER, ROCHESTER, FOR RESPONDENTS-RESPONDENTS.

Appeal from an order of the Surrogate’s Court, Monroe County (Edmund A. Calvaruso, S.), entered October 6, 2009. The order directed Michael Albright, as executor of the estate of Muriel H. Albright, deceased, to deliver title and possession of a certain motor vehicle to Taylor D. Malin.

It is hereby ORDERED that said appeal is unanimously dismissed with costs.

Same Memorandum as in Matter of Albright ([appeal No. 2] ___ AD3d ___ [Sept. 30, 2011]).

Entered: September 30, 2011 Patricia L. Morgan

Clerk of the Court