In re the Estate of Phillips

*1707Initially, we note that we further agree with the daughters that respondent’s challenge to the Surrogate’s construction of article three of the will is not properly before us inasmuch as respondent failed to take a cross appeal from the order (see Harris v Eastman Kodak Co., 83 AD3d 1563, 1564 [20111; Matijiw v New York Cent. Mut. Fire Ins. Co., 292 AD2d 865, 866 [2002]; see generally CPLR 5515 [1]). With regard to article four of the will, we note as background that, at the time of his death, decedent owned a lot measuring 120 feet by 300 feet (lot), upon which his house and a garage were…