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MATTER OF WINTERS

2010-08560, 2010-08561.

84 A.D.3d 1388 (2011)

923 N.Y.S.2d 730

In the Matter of EDMOND WINTERS, Deceased. KEVIN WINTERS, Respondent; JOHN E. LAWLER, Appellant.

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

Decided May 31, 2011.

Ordered that the appeal from the order dated May 28, 2010, is dismissed; and it is further,

Ordered that the decree is affirmed; and it is further,

Ordered that one bill of costs is awarded to the petitioner payable by the appellant personally.

The appeal from the order dated May 28, 2010, must be dismissed because the right of direct appeal therefrom terminated with the entry of the decree in the proceeding (see Matter

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