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MATTER OF HARTOFILIS

4100/11. 4218. 4100A/11. 4217.

151 A.D.3d 499 (2017)

2017 NY Slip Op 04566

53 N.Y.S.3d 541

In the Matter of MICHAEL J. HARTOFILIS, as Preliminary Executor of NIKI SIDERIS, Deceased. AGATHA LOUIS et al., Respondent; GEORGE KAKRIDAS et al., Appellants.

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

Decided June 8, 2017.

The determination whether to dismiss objections and admit a will to probate is within the discretion of the Surrogate's Court and will not be disturbed absent a showing of an abuse of such discretion (McInerney v McInerney, 79 A.D.3d 549 [1st Dept 2010], lv denied 16 N.Y.3d 711 [2011]).

The court did not improvidently exercise its discretion in admitting the will to probate, despite...

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