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IN THE MATTER OF THERESA GAYE, DECEASED. CAROLYN THOMAS, petitioner; EMEST GAYE respondent; C. ROBINSON ASSOCIATES, P.C., nonparty-appellant.

ORDERED that the order is affirmed, with costs payable by the appellant personally.

The Surrogate's Court providently exercised its discretion in imposing a monetary sanction upon the appellant (see, CPLR 3126; Kaufman v. Red Ground Corp., 170 A.D.2d 484). The appellant's remaining contention is without merit.

RITTER, J.P., ALTMAN, McGINITY, SMITH and COZIER, JJ., concur.

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MATTER OF GAYE
(Jul 2, 2001)