MATTER OF GILMORE

2013-07856, File No. 346747.

131 A.D.3d 1058 (2015)

16 N.Y.S.3d 476

2015 NY Slip Op 06816

In the Matter of ROY L. GILMORE, SR., Also Known as ROY GILMORE and Another, Deceased. ANGELA MANNING, Respondent. ANDREA HOFLER, Appellant.

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

Decided September 16, 2015.


Ordered that the order is affirmed, with costs.

The Surrogate's Court providently exercised its discretion in considering the petitioner's belated summary judgment motion. The petitioner's counsel established good cause for the delay by submitting an affidavit stating that he had been hospitalized and out of his office for a significant period of the relevant time (see Castro v Homsun Corp., 34 A.D.3d 616, 617 [2006];

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