Appellate Division of the Supreme Court of the State of New York August 13, 2009 (In re Estate of Flaherty)

Garry, J.

Appeal from an order of the Surrogate’s Court (Work, S.), entered July 10, 2008 in Ulster County, which granted respondents’ motion for summary judgment dismissing the petition.

Decedent was the mother of four daughters, one of whom is petitioner, the executor of her estate, and another of whom is respondent Mary M. Josten, who is married to respondent Charles W Josten.