MATTER OF SONDEREGGER


262 A.D.2d 145 (1999)

692 N.Y.S.2d 46

In the Matter of the Estate of HEDWIG SONDEREGGER, Deceased. Estate of HEDWIG SONDEREGGER et al., Respondents; ELISE H. HILPERT et al., Appellants.

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

Decided June 15, 1999.


The Surrogate properly denied as untimely objectants' motion to modify the Referee's report inasmuch as their motion was made some 11 months, and, accordingly, not within the statutorily allotted 60 days, after "service of notice of the filing of the report" (SCPA 506 [4]). Moreover, even if objectants' motion had not been time-barred, it would have been properly denied on the merits. The co-executors' delay in liquidating the estate's real estate asset was justified in light...

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