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MATTER OF LUST

35 A.D.2d 997 (1970)

In the Matter of The Estate of Henry A. Lust, Deceased. Clifford J. Lust, Appellant; Esther N. Gove et al., Respondents

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

December 28, 1970

Appeal from decision of April 16, 1969 dismissed without costs. Decree of December 31, 1969 reversed, insofar as appealed from, on the law, without costs, and proceeding remitted to the Surrogate's Court, Orange County, for further proceedings as hereinafter indicated.

The findings of fact below have not been affirmed. No appeal lies from a decision (Balk v. Frank, 29 A.D.2d 685; Matter of Foglia,

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