In re the Estate of Von Bargen

Maximilian Moss, S.

The petitioner’s motion to confirm the report of the learned Referee is denied. The claimant-respondent’s cross motion to open his default and refer the matter back to the Referee is granted (Surrogate’s Ct. Act, § 20, subd. 6; CPLR, rule 5015). The court is satisfied that the default suffered by the respondent was not willful, deliberate or intentional.

It appears from the record that the day before the hearing, respondent’s former attorney advised the Referee that he was withdrawing from this proceeding and on the day of the hearing both respondent and his attorney failed…