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New York County, Surrogate's Court: December 13, 2022

Decision & Order decided on:November 30 & December 8, 2022

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Surrogate Anderson ESTATE OF GRACE T. RELLA, Deceased (10-2633) — The accounting proceeding in the estate of Grace T. Rella was settled pursuant to a stipulation of settlement placed on the record on June 26, 2017 (the date of the scheduled trial), wherein respondents withdrew their objections to the account. Since that date, the petitioners have failed to submit a decree to conclude the accounting proceeding.

In view of the foregoing, unless any party files a decree in this proceeding by April 5, 2023, the court will dismiss the accounting proceeding for failure to prosecute (SCPA 209[8]; CPLR 3216; see Bort v. Perper, 82 AD3d 692, 694 [2d Dept 2011]; Koscinski v. St. Joseph’s Med. Ctr., 24 AD3d 421 [2d Dept 2005]). The Clerk of the Court is directed to mail a copy of this decision, which constitutes the order of the court, to counsel of record for the parties appearing in this proceeding by certified mail (no return receipt required) at the addresses listed at the bottom of this decision. Dated: December 8, 2022

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