In re Rizzi

In a probate proceeding, the petitioner appeals from an order of the Surrogate’s Court, Suffolk County (Czygier, Jr., S.), dated November 28, 2007, which denied his motion to strike objections to the probate of the decedent’s last will and testament.

Ordered that the order is affirmed, with costs.

The date to examine witnesses pursuant to Surrogate’s Court Procedure Act § 1404 and to file objections to the probate of the decedent’s will were set in a so-ordered stipulation. The date for the examinations of the witnesses was subsequently adjourned on consent of counsel, but there was no…