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MATTER OF POGGEMEYER

87 A.D.2d 822 (1982)

In the Matter of The Estate of Kurt Hartman Poggemeyer, Deceased. Doris Klueter, Respondent; Jack L. Hangen, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 5, 1982

Decree affirmed, with costs payable personally by appellant.

Essentially, appellant asks this court to substitute its own findings of fact for those of the Surrogate, who based his decision on the evidence presented, as well as the credibility of the witnesses presenting such evidence. The decision of a fact-finding court, however, should not usually be disturbed on appeal (Pordy v Scot Serv. Co.,

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