In re the Estate of D'Agostino

Mercure, J. P.

Appeals (1) from a decree of the Surrogate’s Court of Sullivan County (LaBuda, S.), entered March 15, 2000, which granted petitioner’s application in proceeding No. 1 to expunge from the last will and testament of decedent all references to respondent as a residuary legatee and as an alternate and successor executor, and (2) from a decree of said court, entered March 15, 2000, which granted petitioner’s application in proceeding No. 2 to recover certain estate assets illegally converted by respondent.

Petitioner and respondent were previously married but their marriage ended in…