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MATTER OF GROSS

75 A.D.2d 531 (1980)

In the Matter of Emily Gross, as Trustee under the Last Will of Martin Escher, Deceased. New York State Department of Mental Hygiene et al., Appellants; Benedict Ginsberg, as Guardian ad Litem, et al., Respondents

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

April 15, 1980

Bloom, J., dissents in a memorandum as follows:

On this application to settle the intermediate account of the successor trustee, the Commissioner of Mental Hygiene appeals from so much of the decree as dismissed the claim of the Director of Rockland Psychiatric Center for payment of the sum of $82,910.36 from the corpus of the trust created for the benefit of Marie Escher (Marie). This claim is substantially...

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