In re the Estate of Riconda

—In a proceeding pursuant to SCPA 1809 to determine the validity of a claim against the estate of John Riconda, Judy G. Riconda appeals from a decree of the Surrogate’s Court, Suffolk County (Prudenti, S.), entered April 24, 1996, which, upon the denial of her motion for summary judgment and the granting of the petitioner’s cross motion for summary judgment, granted the petition and dismissed the claim.

Ordered that the decree is reversed, on the law, with costs payable by the estate, the petitioner’s cross motion for summary judgment is denied, the claimant’s motion for summary judgment is…