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IN THE MATTER OF FOTIADES

21 A.D.3d 898 (2005)

800 N.Y.S.2d 748

In the Matter of Estate of JOAN MARIE FOTIADES, Deceased. GREGORY W. FOTIADES, Respondent; DAVID BART MOSKOFF, Appellant, et al., Respondent.

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

September 6, 2005.

Ordered that the appeal from the order granting the petitioner's motion is dismissed, as the appellant is not aggrieved by that order (see CPLR 5511); and it is further,

Ordered that the order denying the motion is affirmed; and it is further,

Ordered that one bill of costs is awarded to the petitioner.

The Surrogate's Court properly denied the appellant's motion, but on different grounds from those stated in the order appealed from. The appellant...

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