MATTER OF IMPERATO

2008-08958.

67 A.D.3d 910 (2009)

888 N.Y.S.2d 425

2009 NY Slip Op 08617

In the Matter of Estate of THOMAS IMPERATO, Deceased. ANGELA AMENGUAL, Respondent; ALFRED ZUCARO, JR., Appellant.

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

Decided November 17, 2009.


Ordered that the order dated September 9, 2009 is affirmed, with costs.

Contrary to the objectant's contention, under the circumstances of this case, the Surrogate's Court providently exercised its discretion in granting that branch of the petitioner's motion which was for leave to renew the subject branch of her prior motion, and, inter alia, in vacating a counter decree dated April 15, 2008 (see CPLR 2221 [e]; 22 NYCRR 207.37; Marzullo v General Motors...

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