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MATTER OF RELLA

1439.

67 A.D.3d 493 (2009)

887 N.Y.S.2d 842

2009 NY Slip Op 08141

In the Matter of the Estate of GRACE T. RELLA, Deceased. GILBERT R. RELLA et al., Appellants. VINCENT RELLA et al., Respondents.

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

Decided November 12, 2009.

The determination to consider respondents' amended objections, despite their failure to move for leave to amend, was within the Surrogate's discretion (see 1 Warren's Heaton, Surrogate's Court Practice § 9.04 [3] [7th ed]). Petitioners' contention that amended objection 2.C, which objects to the alleged failure to sell property at 2066 Yates Avenue in the Bronx, is time-barred is presented for the first time on appeal and will not be considered by this Court ...

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