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MATTER OF LEVITT v. CHASE MANHATTAN BANK

214 A.D.2d 733 (1995)

625 N.Y.S.2d 618

In the Matter of Monique Levitt, Petitioner, and Alfred A. Levitt, Appellant, v. Chase Manhattan Bank, Respondent

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

April 24, 1995

Ordered that the order and decree is affirmed, with costs payable by the appellant personally.

We agree with the Surrogate that the appellant's motion to vacate an amended decree that was issued in 1986 in an accounting proceeding is not the proper subject of a removal proceeding in 1993 (see, CPLR 5015 [a]; see, e.g., Gendjoian v Heaps, 186 A.D.2d 534). Moreover, the Surrogate correctly found that the appellant...

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