MATTER OF LUPOLI


275 A.D.2d 780 (2000)

714 N.Y.S.2d 216

In the Matter of the Estate of RAFFAELE LUPOLI, Also Known as RAPHAEL LUPOLI, Deceased. PETER LUPOLI, Respondent; MATTHEW M. LUPOLI, Appellant.

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

Decided September 25, 2000.


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

The Surrogate properly granted the petitioner's motion to dismiss Matthew M. Lupoli's objections. In affirming an order and judgment (one paper) of the Supreme Court, Queens County, dated September 8, 1993, in a related action, we rejected the basis for Matthew M. Lupoli's claim that he has standing to object in this proceeding (see, Lupoli v Lupoli, 213 A.D.2d 457). The Surrogate, in this accounting proceeding, also previously determined by order dated April 10, 1996, that Matthew M. Lupoli lacked standing. Moreover, since Lupoli was not a member of the class of persons required under SCPA 2210 to be served with process, he was not a proper party to the proceeding, and the Surrogate properly denied his motion to intervene (see, Matter of Wallach, 130 A.D.2d 495).


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