MATTER OF BIONDO

File No. 385244/15. 2021-08723.

215 A.D.3d 677 (2023)

187 N.Y.S.3d 75

2023 NY Slip Op 01796

In the Matter of the Estate of Sally Biondo, Deceased. Jack Biondo, Respondent; Salvatore Biondo, Objectant-Appellant.

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

Decided April 5, 2023.


Attorney(s) appearing for the Case

DePinto Faldetta, LLP, Smithtown, NY ( David J. DePinto of counsel), for objectant-appellant.

Sweeney, Reich & Bolz, LLP, Lake Success, NY ( Gerard J. Sweeney of counsel), for petitioner-respondent.

Connolly, J.P., Wooten, Zayas and Wan, JJ., concur.


In a proceeding for an accounting of the Estate of Sally Biondo, Salvatore Biondo appeals from an order of the Surrogate's Court, Nassau County (Terence P. Murphy, S.), dated April 19, 2021. The order, insofar as appealed from, granted the motion of Jack Biondo pursuant to CPLR 3211(a)(3) to dismiss Salvatore Biondo's objections to the petition for lack of standing.

Ordered that the order is affirmed insofar as appealed from, with costs.

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