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MATTER OF LABUA

276 A.D.2d 630 (2000)

714 N.Y.S.2d 131

In the Matter of the Estate of JULIA LABUA, Deceased. ROSEMARIE PADAVAN, Appellant-Respondent; LEO P. DAVIS et al., Respondents-Appellants.

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

Decided October 16, 2000.

Ordered that the decree is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

We note that the executrix raises issues in her brief concerning an order entered May 19, 1998, which, inter alia, denied her motion for summary judgment. However, no notice of appeal was filed from that order. In any event, the issues raised in that order are brought up for review on her appeal from the decree (see, Matter of Aho,

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