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IN THE MATTER OF CATAPANO

17 A.D.3d 673 (2005)

794 N.Y.S.2d 403

In the Matter of the Estate of DOROTHY CATAPANO, Deceased. STUART GRUNTHER, Respondent; JOSEPH CATAPANO et al., Appellants.

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

April 25, 2005.

Ordered that the order is affirmed, with costs payable by the appellants personally.

The appellants moved pursuant to CPLR 5015 (a) (2) to vacate a decree of the Surrogate and for a new trial based upon evidence that was not available at the time of the trial to determine whether the petitioner was the decedent's common-law husband (see Matter of Catapano, 17 A.D.3d 672 [2005] [decided herewith]). Subsequent to the trial...

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