MATTER OF VERMILYE


101 A.D.2d 865 (1984)

In the Matter of The Estate of Alice C. Vermilye, Deceased. George McCormack, Appellant; Public Administrator of Kings County et al., Respondents

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

May 21, 1984


¶ Order reversed, on the law and in the exercise of discretion, with costs payable out of the estate, application denied, and cross motion granted.

¶ In our view, it was an improvident exercise of discretion for the Surrogate to grant letters of temporary administration to the respondent public administrator pursuant to SCPA 901 et seq., thereby effectively revoking the preliminary letters testamentary previously issued to appellant pursuant to SCPA...

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