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MATTER OF FORGIONE

2009-06578.

77 A.D.3d 943 (2010)

909 N.Y.S.2d 391

In the Matter of the Estate of JOHN A. FORGIONE, Deceased. CHRISTINE FORGIONE, Appellant; GARY FORGIONE, Respondent.

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

Decided October 26, 2010.

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

The Surrogate's Court providently exercised its discretion in granting the respondent's motion to dismiss the proceeding pursuant to CPLR 3126 because of the petitioner's extensive delay in scheduling the examinations of out-of-state attesting witnesses pursuant to SCPA 1404 (see Rizzuti v Laucella, ...

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