In re the Estate of Yaras

Appeals (1) from an order of the Surrogate’s Court of Albany County (Marinelli, S.), entered February 28, 1983, which denied respondent’s motion to vacate an order disallowing a claim against the decedent’s estate, and (2) from an order of said court, entered September 13, 1983, which denied respondent’s motion for reargument. 11 The order disallowing respondent’s claim was entered upon default, and the motion to vacate the default was denied since the excuse offered for the default constituted law office failure (see Barasch v Micucci, 49 NY2d 594). Following the enactment of CPLR 2005,…