In re the Estate of Fox

OPINION OF THE COURT

Lee L. Holzman, J.

*553The decedent’s nephew, his sole distributee, moves by order to show cause to set aside a decree admitting to probate a will dated May 25, 1989.

On the return date of process in the probate proceeding, December 15, 2004, the movant was given until 10 days after completion of SCPA 1404 examinations to file objections. Upon the movant’s failure to proceed with the SCPA 1404 examinations for a period of more than eight months, the proponent submitted a proposed probate decree with notice of settlement upon the movant’s counsel. In the absence of receiving any…