| Matter of Robinson |
| 2007 NY Slip Op 08080 [44 AD3d 961] |
| October 23, 2007 |
| Appellate Division, Second Department |
| In the Matter of the Estate of Jack Robinson, Deceased. James E.Robinson, Appellant; Louis A. Robinson, Respondent. |
—[*1] Andrew Moulinos, Astoria, N.Y., for respondent.
In a contested probate proceeding, the objectant James E. Robinson appeals from a decree ofthe Surrogate's Court, Queens County (Nahman, S.), dated August 1, 2006, which, after anonjury trial, admitted the will to probate.
Ordered that the decree is affirmed, with costs.
The appellant contends that he was denied the effective assistance of trial counsel in hisefforts to contest the validity of his father's last will and testament. "[I]n the context of civillitigation, an attorney's errors or omissions are binding on the client and, absent extraordinarycircumstances, a claim of ineffective assistance of counsel will not be entertained" (Matter ofSaren v Palma, 263 AD2d 544, 545 [1999]; see Matter of Cichosz v Cichosz, 12 AD3d 598, 599 [2004]; Matter of Ketcham v Crawford, 1AD3d 359, 361 [2003]; Department of Social Servs. v Trustum C.D., 97 AD2d 831[1983]). The appellant failed to establish the existence of any extraordinary circumstances in thiscase.
The appellant's remaining contention is unpreserved for appellate review (see CPLR4017, 5501 [a] [3]) and, in any event, is without merit. Miller, J.P., Goldstein, Skelos and Balkin,JJ., concur.