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MATTER OF VITOLE

215 A.D.2d 765 (1995)

627 N.Y.S.2d 444

In the Matter of The Estate of Joseph Vitole, Deceased. J. Arthur Robbins, Appellant; Gary N. Weintraub, Respondent

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

May 30, 1995

Ordered that the appeal from the decision is dismissed since no appeal lies from a decision (see, Matter of Zlobec, 133 A.D.2d 637); and it is further,

Ordered that the decree is affirmed insofar as appealed from; and it is further,

Ordered that the respondent is awarded one bill of costs to be paid by the appellant personally.

It is well established that "the Surrogate bears the ultimate responsibility...

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