MATTER OF ROTHKO


42 A.D.2d 558 (1973)

In the Matter of The Estate of Mark Rothko, Deceased. Bernard J. Reis et al., Respondents; Marlborough Gallery, Inc., et al., Respondents-Appellants. Mark Rothko Foundation, Inc., et al., Respondents; Attorney-General of the State of New York, Appellant

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

June 28, 1973


Cross petitioner appellant shall recover of respondents-respondents Reis and Stamos and The Mark Rothko Foundation, Inc., $40 costs and disbursements of this appeal. In this proceeding to remove executors it is sought to examine the Attorney-General by his assistant in charge of the matter as an adverse party. While nominally a party, in fact the Attorney-General appears only as the statutory representative of ultimate beneficiaries of charitable bequests under the will ...

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