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MATTER OF GEBBIE

33 A.D.2d 1093 (1970)

In the Matter of The Estate of Marion B. Gebbie, Deceased. Russell Rogerson, as Surviving Executor and Surviving Trustee of Marion B. Gebbie, Deceased, Appellant-Respondent. Louis J. Lefkowitz, Attorney-General, Respondents-Appellant; Manufacturers Hanover Trust Company et al., Respondents-Respondents

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

February 12, 1970

Order unanimously affirmed, with costs to all parties filing separate briefs, payable out of the estate.

Memorandum:

The order appealed from was served on June 4, 1969. On July 1 Rogerson served notice of appeal therefrom. On July 11 the Attorney-General served a so-called notice of cross appeal from said order upon Manufacturers Hanover Trust Company, which promptly rejected it as untimely. We construe CPLR 5513...

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