Jacker v. Iserman

In a probate proceeding and a related action, inter alia, to set aside a general release based on fraudulent misrepresentation, the plaintiff appeals from an order of the Surrogate’s Court, Suffolk County (Czygier, S.), dated December 29, 2011, which, after a nonjury trial on the issue of the validity of the general release, in effect, denied his application to set aside the general release.

Ordered that on the Court’s own motion, the plaintiffs notice of appeal is deemed to be an application for leave to appeal from the order, and leave to appeal is granted (see CPLR 5701 [c]); and it is…