In re the Estate of Scianni

Mercure, J.P

Petitioners are the executors of decedent’s will and filed a pe*784tition for probate. In June 2009, respondent, on behalf of himself and several other nonresident potential distributees, sought to examine the attesting witnesses prior to filing objections to probate (see SCPA 1404 [4]). Although he was granted a 30-day extension to do so, respondent did not conduct those examinations. Nevertheless, in January 2010, he served discovery demands upon petitioners in anticipation of the examinations. Surrogate’s Court, troubled by respondent’s prolonged delay in seeking discovery and the…