— Appeal from an order of the Surrogate’s Court, Monroe County (Edmund A. Calvaruso, S.), entered February 26, 2009. The order awarded respondent attorney’s fees. It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs.
Same memorandum as in Matter of Petote (81 AD3d 1370 [2011]). Present — Smith, J.P., Peradotto, Carni, Lindley and Sconiers, JJ.