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MATTER OF VETRI

208 A.D.2d 755 (1994)

617 N.Y.S.2d 803

In the Matter of The Estate of Peter Vetri, Deceased. Thomas Vetri, Respondent; Peter T. Vetri, as Executor of Angela Vetri, Appellant

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

October 17, 1994

Ordered that the appeal is dismissed as academic, with costs payable by the appellant personally.

The real property in question was sold after the Surrogate's Court canceled the notice of pendency. Thus, the propriety of the order appealed from is academic. We note that the appellant could have obtained a stay pursuant to CPLR 5519 to prevent the property from being sold. Having failed to obtain such a stay, he is not now entitled to the reinstatement of the notice...

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