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MATTER OF LUPOLI

295 A.D.2d 612 (2002)

745 N.Y.S.2d 429

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

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

Decided June 24, 2002.

Ordered that the amended decree is affirmed insofar as appealed from, with costs.

Assuming that the appellant may raise the issue on this appeal (cf. Syms v Mayor of N.Y., 105 N.Y. 153; La Grange v Merritt, 96 App Div 61), the amended decree under review properly authorized the petitioner to execute on the monetary award contained in the amended decree. We have previously held that a decree of the Surrogate's Court which contains such an award may be...

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