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MATTER OF ZAHOUDANIS

289 A.D.2d 412 (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 affirmed insofar as appealed from, with costs.

We agree with the Surrogate's Court that the objectant failed to demonstrate that a decree dated July 14, 1992, should be vacated as having been procured by the fraud of the executor and his attorney (see, CPLR 5015 [a]; Dubinsky v Rykowski, 266 A.D.2d 496; Matter of Carroll v Bene, 246 A.D.2d 649;

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