Schwartz v. Miraldi — 53 A.D.2d 605

Majority

p. 605

Concetta Schwartz, as Executrix of Dominick A. Miraldi, Deceased, Appellant, v Florence E. Miraldi, Respondent.

Appeal by plaintiff from so much of an order of the Supreme Court, Richmond County, dated Harch 11, 1976, as (1) denied her application to vacate and set aside a referee’s sale of certain real property and (2) fixed the time and place for the closing. Order affirmed insofar as appealed from, with $50 costs and disbursements. Under the circumstances, the application to vacate or set aside was properly denied. Hartuscello, Acting P. J., Cohalan, Damiani and Shapiro, JJ., concur.