MATTER OF TYMANN


13 A.D.2d 697 (1961)

In the Matter of the Accounting of Agnes W. Tymann, as Administratrix of The Estate of Amelia A. Polizzo, Also Known as Minnie Polizzo, Deceased. William B. Hoffman, Appellant; Harrison B. Wright, Individually and as Executor of Joseph Polizzo, Deceased, et al., Respondents

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

April 17, 1961


Appeal dismissed, without costs.

By the Surrogate's decision of August 12, 1960, and his order of September 13, 1960, the attorney for the administratrix was made a party to this proceeding for the purpose of an appeal. It appears, however, that the notice of appeal herein was served and filed in July, 1960 — before the attorney (appellant), individually, was permitted to intervene in this proceeding. Such notice was therefore ineffectual. We have considered...

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