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MATTER OF PELSONI

182 A.D.2d 1129 (1992)

In the Matter of The Estate of James V. Pelsoni, Deceased. John R. Minicucci, Appellant

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

April 24, 1992

Order unanimously affirmed with costs.

Memorandum:

In this action to compel specific performance of a trust agreement, we agree with the Surrogate's finding that claimant did not meet his burden of proving his performance of the agreement. Further, by failing to refer to that issue in his appellant's brief, claimant has waived its review (see, Hodge v LoRusso 181 A.D.2d 1009

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