What did the court decide?

The appellate court affirmed the surrogate's dismissal of the probate petition, so the petition to probate the decedent's will remains dismissed.

Who is affected by this decision?

Barrett Hess (the petitioner) is affected because his probate petition was dismissed; the respondents (Jennifer, Adam, and Ephraim Hess) prevailed and were awarded costs.

Because the Appellate Division affirmed, the dismissal stands unless the petitioner seeks further review from a higher court, such as an application to the Court of Appeals.

Can this decision be appealed further?

Yes; the petitioner may seek permission to appeal to the New York Court of Appeals, but such review is discretionary and not guaranteed.

Matter of Hess

Docket 287 CA 24-02071

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

OtherAffirmed

Filed: Apr 24, 2026 · 1 week ago
Jurisdiction: New York
Court: Appellate Division of the Supreme Court of the State of New York
Type: Opinion
Case type: Other
Disposition: Affirmed
Citation: 2026 NY Slip Op 02563
Docket: 287 CA 24-02071

Appeal from an order of Surrogate's Court, Chautauqua County, granting respondents' motion to dismiss a probate petition

Summary

The Appellate Division affirmed Surrogate's Court's order dismissing petitioner Barrett Hess's petition to probate the will of Janet Hess. The court reviewed the surrogate's dismissal of the probate petition following respondents' motion to dismiss and agreed with the surrogate's reasoning. The appellate court concluded there was no reversible error in the surrogate's disposition and therefore upheld dismissal, awarding costs to respondents.

Issues Decided

Whether Surrogate's Court erred in granting respondents' motion to dismiss the petition to probate the decedent's will
Whether the procedural or substantive grounds asserted by respondents supported dismissal of the probate petition

Court's Reasoning

The Appellate Division reviewed the surrogate's order and found no error in granting respondents' dismissal motion. The court concluded the surrogate properly applied the governing law and procedures in dismissing the probate petition, and the record did not show a basis for reversal. Because the appellate court agreed with the surrogate's legal and factual determination, it affirmed with costs.

Parties

Petitioner: Barrett Hess
Respondent: Jennifer Hess
Respondent: Adam Hess
Respondent: Ephraim Hess
Judge: Stephen W. Cass
Judge: Ann Dillon Flynn

Key Dates

Appellate decision date: 2026-04-24
Surrogate's Court order date: 2024-12-04

What You Should Do Next

1
Consider application for further review
If the petitioner wishes to continue, consult counsel about filing an application for leave to appeal to the New York Court of Appeals and assess likelihood of success and deadlines.
2
Review and comply with costs award
Respondents should ensure the costs awarded by the court are calculated and the petitioner is notified to arrange payment or contest the amount within applicable procedures.
3
Evaluate alternative relief
Petitioner should discuss with counsel whether other remedies or refiled proceedings are available based on different facts or corrected procedural defects.

Frequently Asked Questions

What did the court decide?: The appellate court affirmed the surrogate's dismissal of the probate petition, so the petition to probate the decedent's will remains dismissed.
Who is affected by this decision?: Barrett Hess (the petitioner) is affected because his probate petition was dismissed; the respondents (Jennifer, Adam, and Ephraim Hess) prevailed and were awarded costs.
What happens next?: Because the Appellate Division affirmed, the dismissal stands unless the petitioner seeks further review from a higher court, such as an application to the Court of Appeals.
Can this decision be appealed further?: Yes; the petitioner may seek permission to appeal to the New York Court of Appeals, but such review is discretionary and not guaranteed.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

Matter of Hess - 2026 NY Slip Op 02563

Matter of Hess

2026 NY Slip Op 02563

April 24, 2026

Appellate Division, Fourth Department

IN THE MATTER OF THE ESTATE OF JANET HESS, ALSO KNOWN AS JANET ELAINE HESS, DECEASED. -------------------------------------------- BARRETT HESS, PETITIONER-APPELLANT, JENNIFER HESS, ADAM HESS AND EPHRAIM HESS, RESPONDENTS-RESPONDENTS.

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

Decided on April 24, 2026

287 CA 24-02071

Present: Whalen, P.J., Bannister, Montour, Greenwood, And Hannah, JJ.

PHILLIPS LYTLE LLP, BUFFALO (AMANDA L. LOWE OF COUNSEL), FOR PETITIONER-APPELLANT.

HODGSON RUSS LLP, ALBANY (MICHAEL D. ZAHLER OF COUNSEL), FOR RESPONDENT-RESPONDENT JENNIFER HESS.

LIPPES MATHIAS LLP, BUFFALO (COURTNEY DONAHUE TASNER OF COUNSEL), FOR RESPONDENTS-RESPONDENTS ADAM HESS AND EPHRAIM HESS.

Appeal from an order of the Surrogate's Court, Chautauqua County (Stephen W. Cass, S.), entered December 4, 2024. The order granted the motion of respondents to dismiss the probate petition and dismissed the petition.

It is hereby ORDERED that the order so appealed from is unanimously affirmed with costs for reasons stated in the decision by the Surrogate.

Entered: April 24, 2026

Ann Dillon Flynn