In re the Estate of Zipser

—In a proceeding, inter alia, pursuant to EPTL 11-4.6 to compel the respondent administrator Steven E. Zipser to pay the full amount of a final judgment of the Supreme Court, Westchester County, entered May 21, 1998, and pursuant to SCPA 809 for leave to commence an ac*280tion against the respondent Western Surety Company to recover on a bond it issued in connection with the administration of the estate of Dennis Zipser, the petitioner appeals from an order of the Surrogate’s Court, Westchester County (Emanuelli, S.), dated October 16, 1998, which denied the petition and dismissed the proceeding.

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