In re the Estate of Abady

In a contested probate proceeding, the objectant Maya L. Sherpa appeals (1) from an order of the Surrogate’s Court, Dutchess County (Pagones, S.), dated August 21, 2009, which granted, without a hearing, the petitioner’s motion pursuant to CPLR 3211 (a) to dismiss her objections to probate and her notice of election on the ground that she validly waived her right to election and lacked standing to object, and (2), as limited by her brief, from so much of a decree of the same court dated October 21, 2009, as, upon the order, admitted the will to probate.

Ordered that the appeal from the order…