Appellate Division of the Supreme Court of the State of New York May 27, 2003 (In re the Estate of King)

—In a discovery proceeding pursuant to SCPA article 21, the petitioner appeals from an order of the Surrogate’s Court, Westchester County (Scarpiifo, S.), dated October 15, 2001, which granted Joseph Gaier’s motion to dismiss the proceeding as time-barred.

Ordered that the order is affirmed, with costs payable by the estate.