MATTER OF HART


59 A.D.2d 992 (1977)

In the Matter of Theresa M. Hart, as Executrix of Michael Sabatino, Deceased, Appellant. Philomena Kelly, Respondent

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

November 17, 1977


The executrix argues on appeal that she was deprived of her property without due process of law in that the Surrogate placed the burden of proving the grounds to vacate the attachment on her. She also contends that the attachment was unconstitutional because it was obtained ex parte and without a hearing. The executrix urges that the Surrogate erred in finding that fraud or any other grounds for attachment were made out in the moving papers submitted in support of respondent...

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