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MATTER OF KEILY

51 Misc.2d 686 (1966)

In the Matter of The Estate of James S. Keily, Deceased.

Surrogate's Court, Nassau County.

October 10, 1966

Attorney(s) appearing for the Case

Vincent J. Flanagan and Jack Korshin for proponent. Doran, Colleran, O'Hara & Harding (Benedict J. Pollio of counsel), for Antoinette Keily, contestant.

JOHN D. BENNETT, S.

This is a motion to strike the note of issue served by the proponent on the grounds that the matter is not ready for trial and a statement of readiness was not simultaneously filed with the court. The contestant contends that the discovery proceedings and other procedural matters have not been completed and, therefore, the note of issue is premature.

The note of issue served by the...

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