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Matter of Pellegrino

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1994
201 A.D.2d 653 (N.Y. App. Div. 1994)

Opinion

February 22, 1994

Appeal from the Surrogate's Court, Nassau County (Radigan, S.).


Ordered that the appeal is dismissed, with costs payable by the appellant personally.

The Surrogate accurately noted that the objectant's motion, characterized as one "to renew and reargue", was not based upon new facts which were unavailable at the time of the original motion. Under these circumstances, this Court has held that such a motion is actually a motion to reargue, the denial of which is not appealable (see, e.g., Mgrditchian v. Donato, 141 A.D.2d 513; Matter of Bosco, 141 A.D.2d 639; Matter of Kadish v. Colombo, 121 A.D.2d 722). Accordingly, the instant appeal is dismissed. Thompson, J.P., Rosenblatt, Copertino and Hart, JJ., concur.


Summaries of

Matter of Pellegrino

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1994
201 A.D.2d 653 (N.Y. App. Div. 1994)
Case details for

Matter of Pellegrino

Case Details

Full title:In the Matter of the Estate of ROCCO R. PELLEGRINO, Deceased. CAROL PESCH…

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

Date published: Feb 22, 1994

Citations

201 A.D.2d 653 (N.Y. App. Div. 1994)
609 N.Y.S.2d 820

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