MATTER OF TUCCIO


38 A.D.3d 791 (2007)

832 N.Y.S.2d 609

In the Matter of the Estate of PAT TUCCIO, Also Known as PATSY TUCCIO, Also Known as PASQUALE TUCCIO, Deceased. PATRICIA HAGEN TUCCIO, Respondent; PATRICIA TUCCIO, Appellant.

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

Decided March 20, 2007.


Ordered that the decree is affirmed, with costs to the petitioner payable by the objectant-appellant personally.

Contrary to the objectant's contention, the petitioner adhered to the court-ordered time frame for filing of dispositive motions, and thus, her motion for summary judgment dismissing the objections to probate was properly considered by the Surrogate's Court (see CPLR 3212 [a]; cf. Kihl v Pfeffer, 94 N.Y.2d 118<...

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