The Second Department of New York’s Appellate Division has upheld a decision of Suffolk County Surrogate John M. Czygier in the Matter of Norma Anne Rizzi 875 N.Y.S.2d 254 which restates the right of the court to exercise its own discretion in permitting the filing of objections to probate after the time to do so had expired. In this matter,  the parties had stipulated as to a date certain by which time objections were to be filed. There was confusion to whether or not this date had actually been extended by further agreement and the attorney for the estate moved the admission of the will to probate when no objections had been filed on a timely basis. When the objectant did file objections, the petitioner moved to strike them and the court denied the motion and issued a decision permitting the filing . In its decision, the appellate court cited Section 1410 of the Surrogate’s Court Procedure Act which provides that the court has discretion to extend the time for filing objections and to accept untimely filed objections "so as not to dismiss potentially valid concerns regarding a propounded will on procedural grounds".