Opinion
February 4, 1991
Appeal from the Surrogate's Court, Putnam County (Braatz, S.).
Ordered that the order dated June 7, 1989, is affirmed; and it is further,
Ordered that the appeal from the order dated July 10, 1989, is dismissed; and it is further,
Ordered that the respondent is awarded one bill of costs payable by the appellants personally.
Since the appellants had the opportunity to contest the issues raised on this appeal during a prior appeal which was dismissed for lack of prosecution they are estopped from doing so now (see, Bray v Cox, 38 N.Y.2d 350; Matter of Smith v McManus Sons, 101 A.D.2d 890). The appeal from so much of the order dated July 10, 1989, as recites that relief was granted by the court's prior order dated June 7, 1989, is dismissed as the appellants are not aggrieved thereby. Brown, J.P., Balletta, Rosenblatt and Ritter, JJ., concur.