McGINTY v. LAURINO


95 A.D.2d 847 (1983)

Ben McGinty et al., Appellants, v. Louis Laurino, as Surrogate of The County of Queens, Respondent

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

June 27, 1983


Judgment affirmed, without costs or disbursements.

The reason stated by the respondent Surrogate in his decision dated February 24, 1982 for the nonacceptance of the proposed citation was that the relief requested therein and in the accompanying petition was not within the purview of SCPA 2103, and that "[a]ccordingly, the petition is not entertained". Since such refusal was in the context of an ex parte application (for the signing of the citation), no appeal could...

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