MATTER OF LEVINE


97 A.D.2d 545 (1983)

In the Matter of The Estate of Donald Levine, Deceased. Estate of Donald Levine, Appellant; Fred Srebnick et al., Respondents

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

October 31, 1983


Appeal from order dated August 25, 1982, dismissed, without costs or disbursements. Said order was superseded by the subsequent order granting reargument. Order dated December 9, 1982 affirmed insofar as appealed from, without costs or disbursements.

Under the circumstances, it cannot be said that the Surrogate abused his discretion in granting the motion to vacate the default. In light of the excuse proffered, law office failure, and the lack of an indication that...

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