Appellate Division of the Supreme Court of New York, 2000

In re the Estates of LaVarnway

In re the Estates of LaVarnway
Appellate Division of the Supreme Court of New York · Decided February 16, 2000
269 A.D.2d 794; 703 N.Y.S.2d 410; 2000 N.Y. App. Div. LEXIS 1683
In re the Estates of LaVarnway

Opinion of the Court

—Appeal unanimously dismissed without costs. Memorandum: Respondent, the executor of the estates of Leo LaVarnway and Elizabeth LaVarnway, appeals from an order entered following a hearing conducted on November 19, 1998. Respondent failed to appear at that hearing. No appeal lies on behalf of an aggrieved party who defaulted with respect to the order that is the subject of the appeal (see, Abboud v Abuhegazy, 243 AD2d 519). (Appeal from Order of Cayuga County Surrogate’s Court, Contiguglia, S. — EPTL.) Present — Pine, J. P., Wisner, Hurlbutt and Balio, JJ.

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