MATTER OF CALABRESE v. TOMLINSON


106 A.D.2d 843 (1984)

In the Matter of Marion Calabrese et al., Respondents, v. Malcolm Tomlinson, as Montgomery County Surrogate, et al., Appellants

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

December 27, 1984


Although this matter has been resolved in a manner which renders the issue originally raised moot, we elect to resolve the instant appeal on its merits. Since, in part, this case involves the guidelines contained in an Office of Court Administration hand-book, it is likely to be a recurring issue and we deem it proper to address the merits (see Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707

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