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In the Matter of Zahoudanis

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 2001
289 A.D.2d 411 (N.Y. App. Div. 2001)

Opinion

1999-07599

Argued November 13, 2001.

December 17, 2001.

In an accounting proceeding, the objectant appeals from an order of the Surrogate's Court, Kings County (Scholnick, S.), dated July 15, 1999, which granted the motion of the executor to reargue a prior motion to hold him in contempt, which was determined by an order of the same court dated December 18, 1996, and, upon reargument, vacated that order, and denied her cross motion, inter alia, for sanctions against the attorney for the executor.

Jacob Rabinowitz, New York, N.Y., for appellant.

Kenneth Allen Habel, Brooklyn, N.Y., for respondent.

Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, SONDRA MILLER, JJ.


ORDERED that the order is modified, on the law, by deleting the provision thereof granting the executor's motion for reargument and substituting therefor a provision denying the motion; as so modified, the order is affirmed, without costs or disbursements, and the order dated December 18, 1996, is reinstated.

The executor's motion for reargument should have been denied as untimely (see, Hitzig v. Borough-Tel Service, 168 A.D.2d 276; Fitzpatrick v. Cook, 58 A.D.2d 642). The executor's contention, made for the first time on appeal, that his motion was in actuality one for renewal and, therefore, was timely, lacks merit (see, J.D. Structures v. Waldbaum, 282 A.D.2d 434; U.S. Reinsurance Corp. v. Humphreys, 205 A.D.2d 187). On the record made, the Surrogate's Court properly denied the objectant's cross motion, inter alia, for sanctions against the attorney for the executor.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and S. MILLER, JJ., concur.


Summaries of

In the Matter of Zahoudanis

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 2001
289 A.D.2d 411 (N.Y. App. Div. 2001)
Case details for

In the Matter of Zahoudanis

Case Details

Full title:IN THE MATTER OF ELENI ZAHOUDANIS, DECEASED. MARY ZAHOUDANIS, appellant…

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

Date published: Dec 17, 2001

Citations

289 A.D.2d 411 (N.Y. App. Div. 2001)
734 N.Y.S.2d 891

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