In re the Estate of Lamparelli

Appeal from an amended judgment of the Surrogate’s Court, Erie County (Joseph S. Mattina, S.), entered March 12, 2003 in a proceeding pursuant to SCPA 2103. The amended judgment was entered in favor of petitioner after a hearing.

It is hereby ordered that the amended judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and a new hearing is granted.

Memorandum: Petitioner commenced this proceeding pursuant to SCPA 2103 seeking discovery and delivery of the proceeds of a bank account and other property allegedly belonging to Rose Lamparelli (decedent)…