Opinion
June 1, 1998
Appeal from the Surrogate's Court, Queens County (Nahman, S.).
Ordered that the decree is affirmed, with costs payable by the appellant personally.
Contrary to the petitioner's contentions, the Surrogate did not improvidently exercise his discretion in denying her petition seeking to vacate the decree which admitted the decedent's October 22, 1987, will to probate ( see, Matter of Greene, 240 A.D.2d 745; Matter of Marturano, 203 A.D.2d 295). The Surrogate correctly determined that the release signed by the petitioner when she received her bequest under the will was valid and barred the instant proceeding, since the petitioner failed to establish any basis for setting aside the release ( see, Matter of Stark, 233 A.D.2d 450; Martino v. Kaschak, 208 A.D.2d 698; Dreyer Traub v. Rubinstein, 191 A.D.2d 236; Langer v. Krivitzky, 147 A.D.2d 687). The petitioner's allegations were insufficient to sustain her burden. of showing that there was a substantial basis for the contest and a reasonable probability of success ( see, Matter of Greene, supra; Matter of Gross, 242 A.D.2d 333; Matter of Richtman, 221 A.D.2d 640; Matter of Esberg, 215 A.D.2d 655).
O'Brien, J. P., Pizzuto, Joy and Florio, JJ., concur.