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MATTER OF PENICK

Index No. 4509/16 Appeal No. 17178 Case No. 2022-01743.

212 A.D.3d 567 (2023)

180 N.Y.S.3d 899

2023 NY Slip Op 00386

In the Matter of Patricia H. Penick, Deceased. Earl G. Thompson, Appellant, v. Gerald Anderson et al., Respondents.

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

Decided January 26, 2023.

Attorney(s) appearing for the Case

Earl G. Thompson, appellant pro se.

RK Law PC, New York ( Regina Kiperman of counsel), for respondents.

Concur—Friedman, J.P., Moulton, Kennedy, Pitt-Burke, JJ.

Order, Surrogate's Court, New York County (Rita Mella, S.), entered November 19, 2021, which denied petitioner's motion to renew and reargue his petition to extend his time to file a spousal election pursuant to EPTL 5-1.1-A, unanimously affirmed, as to renewal, and the appeal therefrom otherwise dismissed, without costs, as taken from a nonappealable order.

The court providently exercised its discretion in denying petitioner's motion to renew because he failed to...

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