Opinion
01-02-2015
In the Matter of the ESTATE OF Paul S. VIRGINIA, Deceased. Western New York Check Services LLC, Petitioner–Appellant, and Paulette Gordon, Petitioner; v. The Estate of Paul S. Virginia, Thomas Virginia, Jr., and Mariana G. Virginia, Respondents–Respondents.
Harter Secrest & Emery LLP, Buffalo (Raymond L. Fink of Counsel), for Petitioner–Appellant. Jason R. Dipasquale, Buffalo, for Respondents–Respondents.
Harter Secrest & Emery LLP, Buffalo (Raymond L. Fink of Counsel), for Petitioner–Appellant.
Jason R. Dipasquale, Buffalo, for Respondents–Respondents.
PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, LINDLEY, and SCONIERS, JJ.
Opinion
MEMORANDUM:Petitioners commenced this proceeding seeking, inter alia, an order pursuant to SCPA 2105 directing respondents to transfer to petitioners decedent's membership interest in petitioner Western New York Check Services LLC. Surrogate's Court properly dismissed the petition on the ground that petitioners failed to demonstrate that they are “unquestionably and unconditionally entitled to [the] immediate” transfer of decedent's membership interest (Matter of Mittleman, 35 Misc.2d 848, 848, 232 N.Y.S.2d 570 ; see Matter of Yaremo, 2013 N.Y. Slip Op. 30717[U], *3, 2013 WL 1562588 [Sur.Ct., Nassau County 2013] ). Inasmuch as petitioners are not entitled to relief under SCPA 2105, there was no need for the Surrogate to consider the contentions concerning the requirements of Banking Law article 9–A.
It is hereby ORDERED that the order and decree so appealed from is unanimously affirmed without costs.