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ESTATE OF MARGARET MCARDLE, Deceased

ESTATE OF MARGARET MCARDLE, Deceased (15/2041/A) — This is an application to vacate a default in connection with a proceeding for contempt and legal fees. The movant, George C. Stankevich, asks this court to vacate his default on various grounds. The application is opposed by respondent, who asserts that there is no basis in the record to grant the requested relief. For the reasons set forth below, the application is denied.

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ESTATE OF MARGARET MCARDLE, Deceased (15/2041/A) — This is an application to vacate a default in connection with a proceeding for contempt and legal fees. The movant, George C. Stankevich, asks this court to vacate his default on various grounds. The application is opposed by respondent, who asserts that there is no basis in the record to grant the requested relief. For the reasons set forth below, the application is denied.

After personally appearing before the undersigned, by order dated October 27, 2015, movant was directed, sua sponte, to file the original instrument purporting to be the last will and testament of this decedent which he admitted to having in his possession on the record in open court. After waiting for several months for movant to comply with this court’s order, and having to defend an appeal regarding same, respondent commenced a proceeding on March 3, 2016 seeking to hold movant in contempt for failing to comply with the court’s order and attorneys fees incurred in connection with the underlying proceeding. It is uncontroverted that movant was served with the order to show cause and accompanying papers on March 8, 2016.

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