Appeal from an order of the Surrogate’s Court, Erie County (Barbara Howe, S.), entered April 4, 2005. The order denied the petition for attorney’s fees.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Same memorandum as in Matter of Statler (27 AD3d 1163 [2006]). Present—Pigott, Jr., P.J., Scudder, Kehoe, Smith and Pine, JJ.