In re the Estate of Bassin

*550In a discovery proceeding pursuant to SCPA article 21, the petitioner appeals from an order of the Surrogate’s Court, Nassau County (Riordan, S.), dated August 10, 2004, which, after a nonjury trial, inter alia, determined that the decedent had made a valid inter vivos gift of certain real property to Joseph Bassin and dismissed the proceeding.

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

Annette Bassin (hereinafter the decedent) died intestate on September 6, 1998 survived by her son, Joseph Bassin, and her daughter, Madeline Bassin. At the time of her…