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MATTER OF VOELKER

134 CA 20-00537.

191 A.D.3d 1426 (2021)

138 N.Y.S.3d 426

2021 NY Slip Op 00941

In the Matter of the Estate of Kymber Ann Voelker, Deceased. Anthony S. Pecoraro, Respondent; Sandra Kenyon, Appellant. (Appeal No. 1.).

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

Decided February 11, 2021.

Attorney(s) appearing for the Case

ANTHONY S. PECORARO , PETITIONER-RESPONDENT.

SANDRA KENYON , RESPONDENT-APPELLANT. (APPEAL NO. 1.)

DENIS A. KITCHEN, JR. , WILLIAMSVILLE, FOR RESPONDENT-APPELLANT.

COLE SORRENTINO HURLEY HEWNER GAMBINO P.C., BUFFALO, MAGAVERN MAGAVERN GRIMM LLP, BUFFALO ( EDWARD J. MARKARIAN OF COUNSEL), FOR PETITIONER-RESPONDENT.

Present—Peradotto, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the decree is unanimously affirmed without costs.

Memorandum: In appeal No. 1, respondent appeals from a decree that, following a hearing, ordered, inter alia, that decedent's lost will may be offered for probate. In appeal No. 2, respondent appeals from an order that denied her motion pursuant to CPLR 5015 for "reconsideration" of the decree. Although Surrogate's Court considered the motion to be one pursuant to CPLR 2221, a motion pursuant...

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