MATTER OF BURGHER v. PURCELL


87 A.D.2d 888 (1982)

In the Matter of Helen Burgher, Individually and on Behalf of a Class of "Former Jones Institute Residents", et al., Appellants, v. Francis Purcell, as County Executive of Nassau County, et al., Respondents

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

April 26, 1982


Judgment affirmed, without costs or disbursements.

In their petition, appellants seek, inter alia, relief for an alleged breach of fiduciary duty resulting from the trustees' sale of the property in question. In another proceeding, however, brought by these same appellants for construction of the Jones will, Surrogate Laurino determined that "the acts of the `Trustees' surrounding the sale of the [property] were within their discretionary powers vested in them...

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