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  5. 69 N.Y.2d 912 (1987)
 

SIMS v. MANLEY

69 N.Y.2d 912 (1987)

Peter Sims, as Trustee of Samuel A. Gadsby, Deceased, Appellant, v. David Manley et al., Respondents.

Court of Appeals of the State of New York.

Decided April 23, 1987.

Attorney(s) appearing for the Case

Peter Sims, appellant pro se.

Laurence H. Pearson and David W. Weschler for David Manley, respondent.

James B. Fishman, Morton B. Dicker, John Kirklin and Lynn M. Kelly for Mary Morris, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In reviewing the decision of the Appellate Division it is apparent that the Appellate Division substituted its discretion for that of the Surrogate's Court's in reversing that court's discretionary order transferring to the Surrogate's Court two summary proceedings pending in the Civil Court, New York County, and consolidating those proceedings...

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