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MATTER OF STRALEM

303 A.D.2d 120 (2003)

758 N.Y.S.2d 345

In the Matter of the Estate of JEAN I. STRALEM, Deceased. ROBIN B. MAKI, Appellant; LYNN STRALEM, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 31, 2003.

Attorney(s) appearing for the Case

Joseph Fallek, P.C., New York City (Andrew Fallek of counsel), for appellant.

Pillsbury Winthrop, LLP, New York City (David G. Keyko, Daniel J. McSwiggan, Anne C. Bederka and Joanne Butler of counsel), for respondent.

SMITH, J.P., GOLDSTEIN and McGINITY, JJ., concur.

OPINION OF THE COURT

FRIEDMANN, J.

At issue on appeal in the instant proceeding to settle the account of the trustees of a trust is whether the Surrogate's Court correctly determined that a note and mortgage executed by the petitioner Robin Becker Maki are assets of the trust which is the subject of this proceeding, and that the petitioner is responsible for the debt owed to the trust. We conclude that the Surrogate's Court was correct, and therefore, affirm...

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