Ordered that the appeal from the order dated February 5, 2009, is dismissed, as that order was superseded by the order dated September 25, 2009, made upon reargument; and it is further,
Ordered that the order dated September 25, 2009, is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the respondents.
The Surrogate's Court properly denied the plaintiff's motion for summary judgment on the complaint...
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