McInerney v. McInerney

Order, Surrogate’s Court, Bronx County (Lee L. Holzman, S.), entered on or about July 17, 2009, which granted petitioner’s motion for summary judgment dismissing respondent’s objections and admitting the will to probate, directed the issuance of letters testamentary to petitioner and denied respondent’s motion for summary judgment, unanimously affirmed, without costs.

The determination whether to dismiss objections and admit a will to probate is within the discretion of Surrogate’s Court, and its determination will not be disturbed absent a showing of an abuse of such discretion (see Matter of…