Since respondent had already been granted several adjournments of his trial, including one for receipt of a handwriting expert's report and another to retain new counsel, Surrogate's Court did not abuse its discretion in dismissing the objections and granting probate of the will in question (see, Scarola v. St. Vincent's Med. Center, 154 A.D.2d 364; Matter of Alario v. DeMarco, 149 A.D.2d 587, appeal dismissed 74 N.Y.2d 791). That respondent's rights to proceed were diligently protected by the court are evidenced in the fact that the court stayed its final order for seven days to allow respondent one final opportunity to proceed to trial. However, at the end of that time he was still not prepared to go forward.
Order and decree affirmed, without costs. Kane, J.P., Weiss, Mikoll, Yesawich, Jr., and Mercure, JJ., concur.