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In the Matter of Zahoudanis

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 2001
289 A.D.2d 412 (N.Y. App. Div. 2001)

Opinion

2000-04491

Argued November 13, 2001.

December 17, 2001.

In an accounting proceeding, the objectant appeals, as limited by her brief, from so much of an order of the Surrogate's Court, Kings County (Feinberg, S.), dated December 20, 1999, as denied her motion to vacate a decree of the same court (Bloom, S.), dated July 14, 1992.

Jacob Rabinowitz, New York, N.Y., for appellant.

Kenneth Allen Habel, Brooklyn, N.Y., for respondent.

Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, SONDRA MILLER, JJ.


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

We agree with the Surrogate's Court that the objectant failed to demonstrate that a decree dated July 14, 1992, should be vacated as having been procured by the fraud of the executor and his attorney (see, CPLR 5015[a]; Dubinsky v. Rykowsky, 266 A.D.2d 496; Matter of Carroll v. Bene, 246 A.D.2d 649; Summer v. Summer, 233 A.D.2d 881).

The objectant's remaining contentions are without merit.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and S. MILLER, JJ., concur.


Summaries of

In the Matter of Zahoudanis

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 2001
289 A.D.2d 412 (N.Y. App. Div. 2001)
Case details for

In the Matter of Zahoudanis

Case Details

Full title:IN THE MATTER OF ELENI ZAHOUDANIS, DECEASED. MARY ZAHOUDANIS, appellant…

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

Date published: Dec 17, 2001

Citations

289 A.D.2d 412 (N.Y. App. Div. 2001)
734 N.Y.S.2d 890