In re the Estate of Forray

—Order and decree (one paper), Surrogate’s Court, New York County (Renee Roth, S.), entered *17on or about August 16, 1995, which, inter alia, denied petitioner’s motion to modify and reject the report of the Referee and granted respondent’s cross motion to confirm the report, denied petitioner’s motion to renew, and thereupon denied the petition to vacate the probate decree, declared void petitioner’s notice of election and awarded the estate $1,900 pursuant to SCPA 2302, unanimously affirmed, without costs.

The Surrogate’s Court properly refused to disturb the Referee’s determination that…