Opinion
March 23, 1998
Appeal from the Surrogate's Court, Putnam County (Braatz, S.).
Ordered that the order is modified by deleting the provision thereof granting the motions to dismiss Matter No. 2 and substituting therefor a provision denying the motions; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
As the Surrogate's Court has not yet determined whether Matter No. 1 was timely commenced and may ultimately find it to be time-barred, the appellant may not be able to obtain full relief in Matter No. 1. Accordingly, Matter No. 2 is reinstated pending determination of the timeliness of the petition in Matter No. 1.
The appellant's remaining contention is without merit.
Rosenblatt, J. P., Ritter, Copertino and Goldstein, JJ., concur.