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IN THE MATTER OF ESTATE OF NEVAI

28 A.D.3d 561 (2006)

812 N.Y.S.2d 363

In the Matter of the Estate of CLARA NEVAI, Deceased. ANNA M. SOMOGYI, Appellant; ELI B. FINE et al., Respondents.

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

April 11, 2006.

Ordered that the amended order is affirmed, with costs.

It is within the discretion of the Surrogate to determine whether to admit to original probate in New York the will of a nondomiciliary (see SCPA 1605 [1]; Matter of Heller-Baghero, 26 N.Y.2d 337, 341-343 [1970]; Matter of Nelson, 125 Misc.2d 451, 454 [1984]), even when that will has been admitted to probate in another...

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