In re the Estate of Gifford

Appeals (1) from an order of the Surrogate’s Court of Delaware County (Becker, S.), entered August 23, 2004, which, inter alia, dismissed petitioner’s application to withdraw his waiver and consent to probate, and (2) from an order of said court, entered August 5, 2005, which, inter alia, denied petitioner’s motions for reconsideration.

Decedent died in January 2002 and left a will bequeathing his estate to four of his six surviving children—John Gifford and respondents (Frances Goff, Jeanne Gauthier and Michael Gifford). Petitioner and his remaining brother, Henry Gifford, were excluded from…