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MATTER OF KHOTIM

41 N.Y.2d 845 (1977)

In the Matter of Rachel Khotim, as Administratrix of The Estate of Mark Garwitt, Deceased. Louis J. Lefkowitz, as Attorney-General of the State of New York, Appellant; Aleksandr K. Mikheev et al., Respondents.

Court of Appeals of the State of New York.

Decided February 15, 1977.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Daniel M. Cohen, Samuel A. Hirshowitz, Arlene Harris and William Roberts of counsel), for appellant.

Martin Popper and Gerald C. Goldstein for Aleksandr K. Mikheev, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

Order affirmed, with costs.

The disposition is controlled by Matter of Utassi (15 N.Y.2d 436), a case in which the court had before it the cogent arguments in dissent of Mr. Justice ARON STEUER at the Appellate Division, arguments which the Attorney-General urges should be applied as the rule in this case (20 A.D.2d 232, 233...

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