MATTER OF CURRAN


25 A.D.2d 919 (1966)

In the Matter of the Accounting of William P. Curran, as Exeuctor of Becky Hayes, Deceased, Respondent. James H. Hicks, Appellant

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

May 20, 1966


REYNOLDS, J.

On or about December 17, 1963 appellant filed a notice of claim for $1,865 for services allegedly rendered the decedent. Unaccountably, although it was dated prior to his filing of his petition and final accounting for a judicial settlement, the executor did not serve the formal rejection of the claim in writing required by section 210 of the Surrogate's Court Act until after such filing, and thus pursuant to section 210 the claim was "deemed...

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