Appellate Division of the Supreme Court of the State of New York October 3, 2008, Appeal No. 1 (Bader v. Digney)

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered April 20, 2007. The order, insofar as appealed from, denied that part of the motion of defendant Kevin A. Digney to transfer the action to Surrogate’s Court.

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

Same memorandum as in Bader v Digney (55 AD3d 1290 [2008]).