Opinion
1655
September 26, 2002.
Order, Surrogate's Court, New York County (Eve Preminger, S.), entered on or about January 29, 2002, which, insofar as appealed from, denied appellant's motion seeking, in effect, to vacate the Final Decree On Account entered July 6, 1998 on the ground that the estate's assets are insufficient to make the distributions called for therein, unanimously affirmed, with costs against appellant individually.
DESPINA POULOS, appellant pro se.
GREGORY DANENBERG, for respondent.
Before: Nardelli, J.P., Saxe, Ellerin, Rubin, Friedman, JJ.
By order entered February 13, 2001, this Court affirmed the Final Decree and the Surrogate's April 4, 2000 order discharging appellant as coexecutor ( 280 A.D.2d 336), and by order entered April 10, 2001 (M-1438, 2001 N.Y. App. Div LEXIS 3720), this Court denied appellant's motion for leave to reargue or to appeal to the Court of Appeals, foreclosing further challenges by appellant to the Final Decree. This latest motion does not appear to be based on any new evidence, but is, as the Surrogate described it, simply another instance of appellant's "continuing refusal to accept the Court's decision rendered in connection with the accounting proceeding, notwithstanding that he has exhausted all avenues of appeal." We would add that there is no merit to appellant's claims regarding the sufficiency of the estate's assets.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.