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  5. 137 A.D.2d 394 (1988)
 

MATTER OF HELLMAN

137 A.D.2d 394 (1988)

In the Matter of the Accounting of Isidore Levine, as Conservator of the Property of Leon Hellman, a Conservatee. Isidore Levine et al., Appellants; James Greilsheimer, as Preliminary Executor of Leon Hellman, Respondent

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

June 14, 1988

Attorney(s) appearing for the Case

Seth Rubenstein, P. C., for appellants.

Alan Halperin of counsel (Ronald J. Stein with him on the brief; Stroock & Stroock & Lavan, attorneys), for respondent.

SULLIVAN, J. P., CARRO, KASSAL and WALLACH, JJ., concur.

ASCH, J.

Prior to his appointment as conservator of Leon Hellman, appellant Dr. Levine found $40,000 in undeposited checks scattered within the Hellman home, and deposited these checks into appellant Rubenstein's special account. From these proceeds Dr. Levine paid outstanding real estate taxes, fees and insurance premiums. Because of the beneficial tax consequences...

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