MATTER OF MILLER


15 A.D.2d 577 (1961)

In the Matter of the Accounting of Seymour Miller, as Executor of Carmine Cassano, Deceased, Respondent. Pietro Fuschetto et al., Respondents; Maria G. M. Cipriano et al., Appellants

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

December 29, 1961


Decree, insofar as appealed from, reversed on the law, and proceeding remitted to the Surrogate for further hearings and for a redetermination of all the issues (including the Referee's fee) on the basis of the proof in the present record and on the basis of all the proof which may be adduced upon the new hearings, with costs to abide the event.

On this appeal, the court did not pass upon any questions of fact. It appears that in 1921 a judgment was rendered in a...

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