In the Matter of the Estate of Alex G. Schmidt, Also Known as Alexander George Schmidt, Deceased. Ann L. McLaughlin, Respondent; Thomas E. Webb, Jr., as Executor of Alex G. Schmidt, Also Known as Alexander George Schmidt, Deceased, Appellant, et al., Respondents

Appeal from an order of the Surrogate’s Court, Erie County (Barbara Howe, S.), entered March 15, 2011. The order, insofar as appealed from, granted in part the motion of petitioner to dismiss various affirmative defenses.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision by the Surrogate. Present — Scudder, P.J., Centra, Fahey, Peradotto and Sconiers, JJ.