BRIDGEPORT -- Mary Kantorowski is free to live in her Fairfield home.

Late Thursday afternoon her son withdrew the eviction action against his 98-year-old mother in state Superior Court.

"Mary just couldn't be happier," her court-appointed lawyer, Richard Bortolot Jr., said. "She can now spend the rest of her life in her home, the place she is happiest."

The withdrawal notice was filed just one day before a hearing was scheduled in court on the eviction. It was filed without explanation.

"Mary is now just looking forward to some peace and quiet after being in the spotlight over this," Bortolot continued. "She told me she now just has this big sense of relief that it is over."

On Dec. 13, his mother's 98th birthday, Peter Kantorowski, a retired taxidermist, had his mother served with eviction papers on the Flax Road house in Fairfield she has lived in since 1953. He subsequently tried to put the house up for sale but was blocked by the Fairfield Probate Court.

"Peter's been thinking about this for a while," his lawyer, Nicholas D'Agosto, said. "He cares for his mother quite a bit and has decided this is not the road he intends to pursue."

D'Agosto said Mary Kantorowski will be allowed to live in the house for the remainder of her life.

"This was never about throwing her out of the house," he said. "This has been about her being in the house alone. But Peter's come to terms with the situation. Richard Bortolot has assured me she will be well cared for and Peter is going to put his faith in that."

According to Probate Court records, in 1996 Mary and her now deceased husband, John, agreed to transfer the house to a trust administered by Peter Kantorowski with the condition Mary would live there for the remainder of her life. Upon her death, the house would go to Peter and his younger brother, Jack. However, in July 2005 Peter Kantorowski quitclaimed the house from that trust to another that he and his wife control, giving him ownership of the house.

During subsequent probate proceedings, Mary Kantorowski was examined by a specialist and by Judge Daniel Caruso. She was declared to be competent to care for herself. She is also receiving assistance from her younger son, Jack, who lives with her two days a week.

After the story first broke in the Connecticut Post, Peter Kantorowski said he offered to have his mother move in with him, but she refused.

dtepfer@ctpost.com; 203-330-6308; http:// twitter.com/dantepfer