Opinion
November 16, 1993
Appeal from the Surrogate's Court, Bronx County (Lee Holzman, S.).
Credible expert evidence supports the Surrogate's conclusion that the account does not omit or conceal assets of the decedent, or suggest improper appropriation by the proponent. On a bench trial, deference should be accorded the trial court's determinations based on the credibility of witnesses (Wolfson v Kasa Lithuanian Fed. Credit Union, 168 A.D.2d 364).
The Surrogate did not err in denying objectant's request for an adjournment of several months to allow him to prepare a surrebuttal witness. The record does not support the claim that such an adjournment was needed (see, Cromartie v New York City Tr. Auth., 113 A.D.2d 915, 915-916), as objectant conceded at trial that his opponent's expert utilized only previously disclosed material.
We decline to revisit arguments rejected in Matter of Castaldo ( 180 A.D.2d 421). Nor do we find any undue restriction of the objectant's presentation of case.
We have considered the remaining arguments, and find them to be without merit.
Concur — Murphy, P.J., Wallach, Kupferman and Asch, JJ.