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IN THE MATTER OF RIZZI

60 A.D.3d 953 (2009)

875 N.Y.S.2d 264

In the Matter of NORMA ANNE RIZZI, Also Known as NORMA A. Rizzi, Deceased. RICHARD RIZZI, Appellant; VIRGINIA RICO et al., Respondents.

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

Decided March 24, 2009.

Ordered that the order is affirmed, with costs.

The date to examine witnesses pursuant to Surrogate's Court Procedure Act § 1404 and to file objections to the probate of the decedent's will were set in a so-ordered stipulation. The date for the examinations of the witnesses was subsequently adjourned on consent of counsel, but there was no discussion regarding changing the date by which the objections were due to be filed. Counsel for the objectants assumed that...

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