• Surrogate's Court, New York County
  • 09/2812.1
  • Mar 10 2017 (Date Decided)
  • Surrogate Mella
ESTATE OF JOSEPH KRONIK, Deceased (09/2812.1) — At the call of the March 3, 2017 calendar, the court determined petitioner's motion to dismiss probate objections for want of prosecution in the estate of Joseph Kronik (see CPLR 3216). The Public Administrator's objections having been withdrawn on February 22, 2017, the court dismissed the motion with respect to the Public Administrator as moot. With respect to objectants Helena Kronik Bartash and Leib Kuznjeck — in the absence of evidence of actual timely receipt of the demand notice that had been served by firstclass mail — the court denied the motion without prejudice to movant's filing another motion at least 90-days after receipt by objectants of a demand notice served by registered or certified mail, as required by CPLR 3216 (b) (3) (cf. Balancio v. American Optical Corp., 66 NY2d 750, 751 [1985]).

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