Order unanimously modified, on the law, and as modified, affirmed, with costs to petitioner, and matter remitted to Erie County Surrogate's Court for a hearing in accordance with the following memorandum: The court properly denied petitioner's application to vacate the Surrogate's Court decree on the ground that petitioner failed to raise a material issue of fact as to whether there was fraud, misrepresentation or other misconduct on the part of the Public Administrator,...
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