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MATTER OF ZAHOUDANIS

289 A.D.2d 411 (2001)

734 N.Y.S.2d 891

In the Matter of the Estate of ELENI ZAHOUDANIS, Deceased. MARY ZAHOUDANIS, Appellant; JOHN M. SPANAKOS, Respondent.

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

Decided December 17, 2001.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the executor's motion for reargument and substituting therefor a provision denying the motion; as so modified, the order is affirmed, without costs or disbursements, and the order dated December 18, 1996, is reinstated.

The executor's motion for reargument should have been denied as untimely (see, Hitzig v Borough-Tel Serv., 168 A.D.2d 276...

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