Appellate Division of the Supreme Court of the State of New York, Third Department.
The order or decree appealed from was made after a trial of the issue thus raised. It affects a substantial right (Surrogate's Ct. Act, § 288) and is appealable. (Bolton v. Schriever, 135 N.Y. 65; Seaman v. Whitehead, 78 N.Y. 306; Matter of Zerega, 58 Hun 505.) Lack of due diligence perfecting the appeal is not shown.
Motion denied, with...
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