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MATTER OF MEZZATESTA

2013-11365

133 A.D.3d 763 (2015)

21 N.Y.S.3d 113

2015 NY Slip Op 08420

In the Matter of SALLY MEZZATESTA, Also Known as STEFANIA MEZZATESTA, Deceased. MICHAEL MEZZATESTA, Appellant; NAN MEZZATESTA, Respondent.

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

Decided November 18, 2015.

In a probate proceeding in which a petition pursuant to SCPA 2103 was filed to recover certain funds on behalf of the decedent's estate, the petitioner appeals from an order of the Surrogate's Court, Suffolk County (Czygier, Jr., S.), dated September 13, 2013, which denied his motion for summary judgment on the petition.

Ordered that the order is affirmed, with costs.

Contrary to the petitioner's contention, the Surrogate's Court properly found that he failed...

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