Ordered that the order is modified by deleting therefrom the provision directing Michael Levi Matar to appear for a deposition in New York and substituting therefor a provision directing the petitioner to serve written interrogatories upon Michael Levi Matar; as so modified, the order is affirmed, with costs to Michael Levi Matar payable by Irving Hilton.
Based on the facts and circumstances of this case, we conclude that the Surrogate's Court acted improvidently...
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