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MATTER OF LEIKIND

22 N.Y.2d 346 (1968)

In the Matter of The Estate of Sam Leikind, Deceased. Harry Laikind, as Administrator of The Estate of Sam Leikind, Deceased, Appellant-Respondent; Attorney-General of the State of New York, Respondent-Appellant, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 14, 1968.

Attorney(s) appearing for the Case

Edward Pious for appellant-respondent.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Warren M. Goidel of counsel), for respondent-appellant.

Judges BURKE, SCILEPPI, BERGAN and JASEN concur with Judge BREITEL; Chief Judge FULD dissents and votes to affirm in a separate opinion; Judge KEATING dissents and votes to affirm on the opinion at the Appellate Division.

BREITEL, J.

Petitioner appeals, and the Attorney-General cross-appeals, from an order of the Appellate Division, which reversed in a memorandum opinion (one Justice dissenting), a decree of the Surrogate's Court, Kings County, declining to release certain impounded funds. Involved is the effect of former section 269-a of the Surrogate's Court Act (now SCPA 2218), which provided that where the beneficiary of a...

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