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MATTER OF HYNSON

35 Misc.2d 73 (1962)

In the Matter of The Estate of Charles L. Hynson, Deceased.

Surrogate's Court, Nassau County.

July 11, 1962

Attorney(s) appearing for the Case

Carman Callahan & Carman for petitioner. Levy Heller & Kessler for administrator, respondent. Louis J. Lefkowitz, Attorney-General (Samuel Stern of counsel), for Industrial Commissioner of State of New York.

JOHN D. BENNETT, S.

This is a proceeding to compel the payment of funeral expenses.

Both the Industrial Commissioner's claim for unpaid unemployment insurance taxes incurred by the decedent's business during its operation by the administrator and the attorneys' fee are administration expenses and as such have priority over the petitioner's claim (Matter of McClatchey, 170 Misc. 696, 700 and cases...

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