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MATTER OF BIRNBAUM v. FLAUM

103 A.D.2d 1016 (1984)

In the Matter of Saul I. Birnbaum, Appellant, v. Ilene L. Flaum et al., Respondents In the Matter of Murray H. Grodetsky, Appellant, v. Ilene Flaum et al., Respondents In the Matter of Murray H. Grodetsky, Appellant, v. Ilene L. Flaum et al., Respondents

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

July 13, 1984

Order unanimously modified and, as modified, affirmed, with costs to respondents, in accordance with the following memorandum: We modify the order to include a provision declaring the agreement dated October 7, 1983 valid essentially for the reasons stated at Surrogate's Court, Monroe County (Ciaccio, S.). We emphasize that the agreement as construed by the Surrogate does not result in a delegation or a diminution of any of Central's fiduciary responsibilities and that the...

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