In re the Estate of Dudley

Appeal from a decree (denominated decree and order) of the Surrogate’s Court, Chautauqua County (Larry M. Himelein, S.), entered December 4, 2006. The decree, among other things, granted petitioner’s motion for summary judgment.

It is hereby ordered that the decree so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the decision by the Surrogate. We add only that Surrogate’s Court properly denied that part of respondents’ cross motion seeking the disqualification of Phillips Lytle LLP (law firm) from representing petitioner.…