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IN THE MATTER OF LOZZA

2617/2003

2005 NY Slip Op 52408(U)

PROBATE PROCEEDING, WILL OF MARIO LOZZA, DECEASED. PROCEEDING TO VACATE A WAIVER AND CONSENT TO THE WILL OF DECEASED.

Surrogate's Court, Westchester County.

Decided December 23, 2005.

Attorney(s) appearing for the Case

McCarthy Fingar LLP, 11 Martine Avenue, White Plains, NY 10606, Attorneys for the petitioner.

Goodrich and Bendish, 399 Knollwood Road, White Plains, NY 10603, Attorneys for the objectant.

ANTHONY A. SCARPINO, Jr., J.

In these contested probate and miscellaneous proceedings, Virgilio Lozza ("Virgilio") and Lucio Lozza ("Lucio") request that the court make an order pursuant to CPLR 2201, staying the proceedings pending a determination by an Italian court of a proceeding before it as to its jurisdiction over the estate of Mario Lozza. The motion is opposed by Massimo Lozza ("Massimo"), the preliminary executor. For the reasons stated below, the motion...

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