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IN RE: THE ESTATE OF MOOSHI R. NAMORDI, DECEASED. NICOLE NAMORDI, PETITIONER–APPELLANT; CLIFFORD FORSTADT, ESQ., EXECUTOR OF THE ESTATE OF MOOSHI R. NAMORDI, DECEASED, RESPONDENT–RESPONDENT.
MEMORANDUM AND ORDER
It is hereby ORDERED that the decree so appealed from is unanimously affirmed without costs.
Memorandum: Mooshi R. Namordi died on February 11, 2009, leaving a will in which he created residuary trusts for the benefit of his daughter (petitioner) and her son, and devised real property to petitioner's former husband. Petitioner signed a waiver of process and consent to probate on March 3, 2009, and the will was subsequently admitted to probate on April 3, 2009. On April 5, 2012, petitioner sought vacatur of the decree of probate on the ground of “newly-discovered evidence,” and Surrogate's Court dismissed the petition without a hearing. We affirm. We reject petitioner's contention that the Surrogate erred in dismissing the petition. Although a party seeking to set aside a decree of probate entered upon that party's waiver of process and consent to probate may indeed submit newly-discovered evidence as a ground for justifying the reopening of the decree (see Matter of Leeper, 53 A.D.2d 1054, 1055, appeal dismissed 42 N.Y.2d 910), here petitioner failed to do so. In light of our determination, we conclude that petitioner's remaining contentions are without merit.
Frances E. Cafarell
Clerk of the Court
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Docket No: CA 13–00464
Decided: December 27, 2013
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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