OPINION OF THE COURT
LEE L. HOLZMAN, J.
In this probate proceeding, the proponent, one of the decedent's daughters and the sole residuary legatee under the propounded instrument dated March 8, 1983, seeks leave to move for summary judgment more than 120 days after she filed a note of issue (CPLR 3212 [a]). In the event that the first branch of the application is granted, the proponent moves for summary judgment dismissing the objections to probate interposed...
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