           SUPREME COURT OF THE STATE OF NEW YORK
             Appellate Division, Fourth Judicial Department

1117
CA 14-00210
PRESENT: SCUDDER, P.J., FAHEY, CARNI, AND LINDLEY, JJ.


IN THE MATTER OF THE ESTATE OF ANTHONY J. THOMAS,
DECEASED.
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IN THE MATTER OF THE ESTATE OF DOROTHY THOMAS,    MEMORANDUM AND ORDER
DECEASED.
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JOSEPH M. THOMAS AND GLORIA M. BORRELLI,
PETITIONERS-APPELLANTS;

TOM J. THOMAS, RESPONDENT-RESPONDENT.
(APPEAL NO. 2.)


BOND, SCHOENECK & KING, PLLC, ROCHESTER (JONATHAN B. FELLOWS OF
COUNSEL), FOR PETITIONERS-APPELLANTS.

ADAMS BELL ADAMS, P.C., ROCHESTER (ANTHONY J. ADAMS, JR., OF COUNSEL),
FOR RESPONDENT-RESPONDENT.


     Appeal from an order of the Surrogate’s Court, Monroe County
(John M. Owens, A.S.), entered December 10, 2013. The order directed
that petitioners may not inquire of the executor, or otherwise obtain
disclosure, concerning his ownership of the stock of New York State
Fence Company or concerning the finances or affairs of that company.

     It is hereby ORDERED that the order so appealed from is
unanimously reversed on the law without costs.

     Same Memorandum as in Matter of Estate of Thomas ([appeal No. 1]
___ AD3d ___ [Jan. 2, 2015]).




Entered:   January 2, 2015                      Frances E. Cafarell
                                                Clerk of the Court
