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MATTER OF ROSENTHAL

16 A.D.2d 699 (1962)

In the Matter of Max Rosenthal, Deceased. Katherine Rosenthal, Respondent; Cemetery Association of Young Israel of Flatbush, Appellant; Elmont Cemetery Co., Inc., et al., Respondents

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

April 30, 1962

Order affirmed, without costs.

Under the circumstances disclosed by this record, the granting of the motion was not an improvident exercise of discretion (Matter of Sherman [Mt. Eden Cemetery Assn. — West Side Inst. Synagogue], 107 N.Y.S.2d 905, affd. 279 App. Div. 872, affd. 304 N.Y. 745; Matter of Currier [Woodlawn Cemetery], 300 N.Y. 162

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