MATTER OF LIVINGSTON


14 A.D.2d 264 (1961)

In the Matter of the Accounting of A. Eugene Pattison, as Administrator of The Estate of Marie S. Livingston, Deceased, Respondent. Ida Michel, Appellant; K. Denise Livingston et al., Respondents

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

October 24, 1961.


Attorney(s) appearing for the Case

Antonio Mareno of counsel (Mary B. Tarcher, attorney), for appellant.

Irving Barry of counsel (Barry & Katzman, attorneys), for A. Eugene Pattison, as administrator of the estate of Marie S. Livingston, deceased, respondent.

BOTEIN, P. J., BREITEL, RABIN and STEVENS, JJ., concur.


EAGER, J.

The decree of Surrogate's Court, entered herein on March 24, 1961, in the matter of the final judicial settlement of the accounts of the respondent administrator, denied preference in payment of appellant's unpaid wage claim, and she appeals.

The decedent's estate is insolvent and the assets thereof are not sufficient to pay judgments entitled to priority under section 212 of the Surrogate's Court Act. The appellant, who was an employee...

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