IN THE MATTER OF BALSAMO


55 A.D.3d 905 (2008)

866 N.Y.S.2d 345

In the Matter of MARY BALSAMO, Deceased. ROSE BONACCI, Respondent; F. PAUL BALSAMO, Appellant.

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

October 28, 2008.


Ordered that the order is affirmed insofar as appealed from, with costs payable by the appellant personally.

The Surrogate's Court providently exercised its discretion in granting that branch of the petitioner's motion which was, in effect, pursuant to 22 NYCRR 130-1.1 for an award of costs and an attorney's fee against the appellant. Contrary to the appellant's contention, since the petitioner expressly requested the subject relief in her motion papers, and the appellant...

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