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MATTER OF RIZZUTO

2008-09848.

66 A.D.3d 1033 (2009)

886 N.Y.S.2d 819

2009 NY Slip Op 7852

In the Matter of ROSE RIZZUTO, Deceased. CAROL ANN RIZZUTO, Appellant; ROSEANN SIMS, Respondent.

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

Decided October 27, 2009.

Ordered that the order is affirmed, with costs payable by the petitioner personally.

To vacate her default in contesting the probate of the decedent's will, the petitioner was required to show (1) a valid excuse and the absence of willfulness, and (2) a meritorious claim (see CPLR 5015 [a] [1]; Matter of Maxwell, 13 A.D.3d 630, 631 [2004]; Matter of Wang, 5 A.D.3d 785, 787...

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