MATTER OF WIGGINS


218 A.D.2d 904 (1995)

630 N.Y.S.2d 155

In the Matter of The Estate of Eva S. Wiggins, Deceased. Jeremiah Wood, Individually and as Executor of Eva S. Wiggins, Deceased, Appellant; Michael A. Mazzone, as Surrogate of The County of Fulton, Respondent

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

August 10, 1995


Casey, J.

Petitioner's motion for reconsideration of the prior application for recusal was based upon additional facts which petitioner could not have discovered until after the initial application for recusal. Accordingly, the motion for reconsideration was a motion for renewal and the order denying that motion is appealable (see, Seifts v Markle, 211 A.D.2d 848).

Based upon the parties' insistence...

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