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MATTER OF CHUSTCKIE

File No. 13-3927/C. 2019-11239. 2020-01805.

203 A.D.3d 820 (2022)

165 N.Y.S.3d 93

2022 NY Slip Op 01452

In the Matter of William Chustckie, Deceased. June Williams, Respondent; Steven Chustckie et al., Appellants.

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

Decided March 9, 2022.

Attorney(s) appearing for the Case

The Law Office of Eliza D. Stahl, P.C. (Wilson Elser Moskowitz Edelman & Dicker, LLP, White Plains, NY [ Karen H. Tommer ], of counsel), for appellants.

Wood and Associates, P.C. (Adam G. Wood and Creedon & Gill, P.C., Northport, NY [ Peter J. Creedon ], of counsel), for respondent.

Brathwaite Nelson, J.P., Miller, Christopher and Genovesi, JJ., concur.

Ordered that the order dated June 10, 2019, is reversed insofar as appealed from, on the law, the motion of Steven Chustckie and Jeffrey Chustckie for leave to amend their answers to add the affirmative defense of the statute of limitations and for summary judgment dismissing the petition is granted; and it is further,

Ordered that the appeal from the order dated December 12, 2019, is dismissed as academic in light of our determination on the appeal from the order...

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