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BIRNBAUM v. BIRNBAUM

157 A.D.2d 177 (1990)

In the Matter of Janice S. Birnbaum et al., as Coadministrators C. T. A. and Trustees of The Estate of Bernard P. Birnbaum, Deceased, Appellants-Respondents, v. Saul I. Birnbaum, as Coexecutor of Bernard P. Birnbaum, Deceased, Respondent-Appellant In the Matter of Ilene L. Flaum, as Coadministrator of The Estate of Bernard P. Birnbaum, Deceased, Appellant-Respondent, v. Saul I. Birnbaum, as Coexecutor of Bernard P. Birnbaum, Deceased, Respondent-Appellant, et al., Respondent. Jay B. Birnbaum, Appellant-Respondent

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

May 11, 1990

Attorney(s) appearing for the Case

Fix, Spindelman, Turk, Himelein & Shukoff (Norman M. Spindelman of counsel), for Janice Birnbaum and others, appellants-respondents.

Mackenzie, Smith, Lewis, Michell & Hughes (Carter H. Strickland of counsel), for Jay B. Birnbaum, appellant-respondent.

Schlam, Stone & Dolan, and Bartlett, Pontiff, Stewart, Rhodes & Judge, P. C. (Richard J. Bartlett and Richard H. Dolan of counsel), for Saul I. Birnbaum, respondent-appellant.

BOOMER, PINE, DAVIS and LOWERY, JJ., concur.

DENMAN, J. P.

Petitioners are Janice Birnbaum, Ilene Flaum and Central Trust Company, who are, respectively, the suspended coexecutor and the temporary coadministrators of the estate of Bernard P. Birnbaum (hereinafter the estate). Respondent is Saul Birnbaum, the suspended coexecutor of the estate. Petitioners commenced these proceedings to remove Saul as coexecutor and to surcharge him for his self-dealing...

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