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Matter of Gjokaj

Appellate Division of the Supreme Court of New York, Second Department
Aug 6, 2001
286 A.D.2d 330 (N.Y. App. Div. 2001)

Opinion

Submitted June 4, 2001.

August 6, 2001.

In a proceeding to judicially settle the account of Pashko Gjokaj, co-administrator of the estate of Tom Gjokaj, a/k/a Tome Gjokaj, a/k/a Thomas Gjokaj, Pashko Gjokaj appeals from an order of the Surrogate's Court, Nassau County (Radigan, S.), dated March 28, 2000, which denied his petition to vacate a final decree of the same court, dated October 21, 1999, entered upon his default in appearing at trial, directing him to reimburse the decedent's estate in the sum of $1,653,029.38.

Hass Gottlieb, Scarsdale, N.Y. (Lawrence M. Gottlieb of counsel), for appellant.

Daniel R. Miller, Brooklyn, N.Y., for respondent.

Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, ANITA R. FLORIO, STEPHEN G. CRANE, JJ.


ORDERED that the order is affirmed, with costs.

The Surrogate's Court providently exercised its discretion in denying the appellant's motion to vacate the final decree entered upon his default, as he failed to demonstrate a reasonable excuse for his default and the existence of a meritorious defense (see, CPLR 5015[a][1]; Roussodimou v. Zafiriadis, 238 A.D.2d 568).

SANTUCCI, J.P., GOLDSTEIN, FLORIO and CRANE, JJ., concur.


Summaries of

Matter of Gjokaj

Appellate Division of the Supreme Court of New York, Second Department
Aug 6, 2001
286 A.D.2d 330 (N.Y. App. Div. 2001)
Case details for

Matter of Gjokaj

Case Details

Full title:IN THE MATTER OF TOM GJOKAJ, a/k/a TOME GJOKAJ, a/k/a THOMAS GJOKAJ…

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

Date published: Aug 6, 2001

Citations

286 A.D.2d 330 (N.Y. App. Div. 2001)
728 N.Y.S.2d 704

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