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MATTER OF VITALE

68 A.D.2d 928 (1979)

In the Matter of The Estate of Giuseppe Vitale, Also Known as Joseph Vitale, Deceased. William Cerrone, Appellant; United States Fidelity & Guaranty Co., Respondent

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

March 19, 1979

Order affirmed, without costs or disbursements.

We agree with the Surrogate that an action directly on the surety bond is not warranted under these circumstances (see United States v Westchester Fire Ins. Co., 478 F.2d 133, 138; see, also, 10A Cox-Arenson-Medina, NY Civ Prac, Dec., 1978 Cum Supp, § 809.01, p 74). The creditor's remedy is to seek the appointment of a successor administrator, c.t.a., pursuant to SCPA 1418...

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