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IN THE MATTER OF PITERNIAK

16 A.D.3d 513 (2005)

792 N.Y.S.2d 868

In the Matter of the Estate of ELLEN PITERNIAK, Deceased. ELLEN JANE PITERNIAK CINQUE, Respondent; ROBERT PITERNIAK et al., Appellants.

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

March 14, 2005.

Ordered that the appeal from the decree is dismissed, as the decree was superseded by the amended decree; and it is further,

Ordered that the amended decree is affirmed insofar as appealed from; and it is further,

Ordered that the petitioner is awarded one bill of costs payable by the objectants personally.

"[A] decision rendered by a court after a nonjury trial should not be disturbed on appeal unless it is clear that its conclusions could not have...

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