In re Cavallo

In a contested probate proceeding in which Marie Cavallo petitioned pursuant to EPTL 5-1.1-A (d) (2) for leave to serve and file a late notice of election against the decedent’s estate, Rebecca Pytosh, the proponent of the will, appeals from an order of the Surrogate’s Court, Richmond County (Gigante, S.), dated October 5, 2010, which, upon a decision of the same court dated August 25, 2010, granted Marie Cavallo’s petition pursu*1116ant to EPTL 5-1.1-A (d) (2) for leave to serve and file a late notice of election against the decedent’s estate.

Ordered that the order is reversed, on the facts and…