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MATTER OF SCIANNI

511640.

87 A.D.3d 783 (2011)

927 N.Y.S.2d 736

2011 NY Slip Op 6174

In the Matter of the Estate of MARY L. SCIANNI, Deceased. PEGGY CASSIDY et al., as Executors of MARY L. SCIANNI, Deceased, Respondents; JAMES DUNLEAVY, Appellant.

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

Decided August 4, 2011.

MERCURE, J.P.

Petitioners are the executors of decedent's will and filed a petition for probate. In June 2009, respondent, on behalf of himself and several other nonresident potential distributees, sought to examine the attesting witnesses prior to filing objections to probate (see SCPA 1404 [4]). Although he was granted a 30-day extension to do so, respondent did not conduct those examinations. Nevertheless, in January...

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