Ordered that the decree is affirmed, without costs or disbursements.
The claim of the appellant, the proponent of the contested will, that it was an improvident exercise of discretion for the Surrogate to deny her request to present rebuttal testimony, is unpreserved for appellate review (see, CPLR 5501 [a] [3]). In any event, the claim is without merit since the testimony of
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