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MATTER OF FALANGA

29 A.D.2d 169 (1968)

In the Matter of The Estate of Alfred Falanga, Deceased. Anthony J. Forte, Appellant; Mary Falanga, as Administratrix of The Estate of Alfred Falanga, Deceased, Respondent

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

January 25, 1968.

Attorney(s) appearing for the Case

Jacob W. Friedman of counsel (Abraham Engelman, attorney), for appellant.

Ira W. Levitas of counsel (Nathan Diamond, attorney), for respondent.

BOTEIN, P. J., EAGER, STEUER and CAPOZZOLI, JJ., concur.

McNALLY, J.

Petitioner-appellant, a nephew of the deceased, seeks revocation of letters of administration issued to decedent's widow without notice to deceased's next of kin. The bases for the petition are the false suggestion of a material fact by the administratrix (SCPA 711, subd. 4) and that she is not a person interested in the estate and therefore disqualified to present the petition for her appointment...

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