In re the Estate of Cristo

— Appeal from a decree of the Surrogate’s Court of Rensselaer County (Travers, S.), entered February 18, 1982, which denied petitioner’s motion pursuant to CPLR 5015 for a new trial. By decree of the Surrogate’s Court of Rensselaer County (Travers, S.), entered June 6,1980, it was held that decedent made a valid inter vivas gift of 43 shares of stock in M. Cristo, Inc., to his son Michael P. Cristo, Jr. This decree was subsequently affirmed by this court in January, 1982 (Matter of Cristo, 86 AD2d 700). Thereafter, petitioner Sebastian Cristo, another son of decedent, moved pursuant to CPLR…