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MATTER OF MARIE FOTIADES

38 A.D.3d 892 (2007)

832 N.Y.S.2d 657

In the Matter of the Estate of JOAN MARIE FOTIADES, Deceased. GREGORY FOTIADES et al., Respondents; DAPHNE FOTIADES, Appellant.

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

Decided March 27, 2007.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Surrogate's Court providently exercised its discretion in denying the appellant's motion.

"[W]hether to relieve a party of an order entered on default is a matter left to the sound discretion of the court" (Matter of Little Flower Children's Servs. v Vernon J., 213 A.D.2d 548

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