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MATTER OF DEMETRIOU

48 A.D.3d 463 (2008)

851 N.Y.S.2d 636

In the Matter of the Estate of PETER T. DEMETRIOU, Deceased. EVAN DEFRANCESCO, Respondent; THEMIS VASSILIOU et al., Appellants.

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

Decided February 5, 2008.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 A.D.2d 509 [1984]); and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

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

If a will, shown once to have existed and to have been in the testator's possession, cannot be...

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