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  5. 65 N.Y.2d 764 (1985)
 

MATTER OF FARONE

65 N.Y.2d 764 (1985)

In the Matter of The Estate of Albert E. Farone, Deceased. Joseph F. Kehoe et al., Appellants; Albert E. and Angela T. Farone Foundation, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided May 9, 1985.

Attorney(s) appearing for the Case

Philip C. Miller for appellants.

John H. Hartman for Albert E. and Angela T. Farone Foundation, Inc., respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed and the decree of the Surrogate's Court reinstated, with costs to all parties appearing separately and filing separate briefs payable out of the estate.

The Appellate Division correctly determined that respondent Farone Foundation having participated in the proceedings before the Surrogate would be bound by the Surrogate...

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