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MATTER OF PALADINO

135 A.D.2d 541 (1987)

In the Matter of The Estate of Josephine Paladino, Deceased. Jasper Paladino, Appellant; William H. Fitzgibbons et al., Respondents

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

December 7, 1987

Ordered that the order is affirmed, with costs payable by the appellant personally.

Pursuant to SCPA 202 and SCPA 719 the Surrogate's Court is empowered to revoke letters issued to a fiduciary without a petition or issuance of process. In light of the petitioner's obstructionist conduct as a coexecutor, the court properly granted Rose Catania's application for his removal. Dismissal of the petitioner's discovery proceeding for failure to prosecute was also appropriate...

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