
    [977 NYS2d 922]
    In the Matter of the Estate of Robyn R. Lewis, Deceased. James Robert Simmons, Respondent; Meredith M. Stewart et al., Appellants.
    (Appeal No. 2.)
    Fourth Department,
    January 3, 2014
    APPEARANCES OF COUNSEL
    
      Wittenburg Law Firm, LLC, Syracuse, D.J. & J.A. Cirando, Esqs. (Elizabeth de V. Moeller of counsel), for appellants.
    
      
      Menter, Rudin & Trivelpiece, EC., Syracuse (Julian B. Modesti of counsel), for respondent.
   OPINION OF THE COURT

Scudder, P.J.

Same opinion by Scudder, P.J., as in Matter of Lewis (114 AD3d 203 [2014] [appeal No. 1]).

Fahey, Lindley and Valentino, JJ., concur with Scudder, EJ.; Feradotto, J., dissents and votes to reverse in accordance with the same dissenting opinion as in Matter of Lewis (114 AD3d 203 [2014] [appeal No. 1]).

It is hereby ordered that the decree so appealed from is affirmed without costs.  