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MATTER OF LUPOLI

227 A.D.2d 560 (1996)

643 N.Y.S.2d 377

In the Matter of The Estate of Raffaele Lupoli, Deceased. Marguerite Lupoli, Appellant; Peter Lupoli, Respondent

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

May 20, 1996

Ordered that the appeal from the decree dated October 18, 1994, is dismissed, as that decree was superseded by the amended decree dated November 18, 1994; and it is further,

Ordered that the order and the amended decree are affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs, payable by the petitioner personally.

The court acted within its discretion in determining that the...

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