In re Rizzuto

In a probate proceeding, Carol Ann Rizzuto appeals from an order of the Surrogate’s Court, Nassau County (Riordan, S.), dated September 12, 2008, which denied that branch of her petition which was to vacate a decree of the same court dated December 28, 2007, admitting the decedent’s will to probate and, in effect, to vacate her default in contesting the probate of the will.

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

To vacate her default in contesting the probate of the decedent’s will, the petitioner was required to show (1) a valid excuse and the…