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LUPOLI v. LUPOLI

205 A.D.2d 595 (1994)

613 N.Y.S.2d 423

Peter Lupoli, Appellant, v. Matthew Lupoli et al., Respondents. (Matter No. 1.) In the Matter of Raffaele Lupoli, Also Known as Raphael Lupoli, Deceased. Peter Lupoli, Appellant; Matthew Lupoli et al., Respondents. (Matter No. 2.)

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

June 13, 1994

Ordered that the order is affirmed insofar as appealed from, with costs to the respondent Matthew M. Lupoli, Jr.

The Supreme Court did not err in denying the plaintiff's motion to remove the Surrogate's Court proceeding to Supreme Court and consolidate it with the instant action as the Surrogate's Court proceeding raised several issues which were not raised in this action, and there were no special circumstances which warranted transferring the Surrogate's Court proceeding...

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