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MATTER OF POLLINA

File No. 367/17. 2019-06596.

192 A.D.3d 118 (2020)

140 N.Y.S.3d 88

2020 NY Slip Op 08068

In the Matter of JOHN POLLINA, Deceased. ALLISON WEEKS, Appellant; VICTORIA POLLINA et al., Respondents-Respondents, et al., Respondents.

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

Borrell & Riso, LLP, Staten Island ( Jeffrey F. G. Borrell of counsel), for appellant.

The Law Offices of Soyka & Soyka PLLC (Gyimesi & Wedinger, P.C., Nyack [ Laurel A. Wedinger of counsel]), for respondent-respondent Victoria Pollina.

Bonfiglio & Asterita, LLC, Staten Island ( Grace E. Jang of counsel), for respondent-respondent Ellen Pollina.

DILLON, J.P., AUSTIN and BARROS, JJ., concur.

OPINION OF THE COURT

The novel issue on this appeal, which has not previously been addressed by this Court and for which little appellate law exists, pertains to the scope of the authority of a Surrogate's Court in determining, nunc pro tunc, whether service of process on an out-of-state party has been effectuated pursuant to...

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