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TRAVELERS INS v. SPADACCINI

103 Misc.2d 928 (1980)

Travelers Insurance Company, Respondent, v. Michael Spadaccini et al., Appellants, and Beatrice Andacht, Individually and as Representative and Surviving Spouse of The Estate of William Andacht, Deceased, Respondent.

Supreme Court, Appellate Term, Second Department.

February 11, 1980.

Attorney(s) appearing for the Case

Mandell & Mandell (Mark J. Mandell of counsel), for appellants. McLaughlin, Simone & Lawlor (James A. Magee of counsel), for Travelers Insurance Company, respondent. Kurzman, Karelsen & Frank for Beatrice Andacht, respondent.

Concur: BUSCHMANN, P. J., HIRSCH and JONES, JJ.

MEMORANDUM.

Appeal dismissed, without costs.

No appeal lies from a decision (Rothman v Rothman, 38 A.D.2d 760). However, were the appeal properly before us, we would affirm.

The proceeds of the life insurance policy are not subject to encumbrance or legal process inasmuch as said proceeds were left with the insurance company under an optional income provision pursuant...

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