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MATTER OF BOYLE

Appellate Division of the Supreme Court of New York, Second Department.
Jan 28, 1985

Order affirmed, with costs payable personally by the appellant.

The evidence at the hearing established that petitioner read the waiver of citation on probate before signing it, and therefore is chargeable with knowledge of its contents and effect. Since neither mistake nor fraud was established, the Surrogate did not err in refusing to vacate the probate decree. Thompson, J.P., Bracken, Brown and Rubin, JJ., concur.