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MATTER OF GALLAGHER

168 A.D.2d 372 (1990)

In the Matter of Genevieve Y. Gallagher, Also Known as Genna Rubin, an Infant, by Her Guardians, James W. Kephard and Another, for the Appointment of a Conservator for James A. Rubin. Genevieve Y. Gallagher, Also Known as Genna Rubin, an Infant, by Her Guardians, James W. Kephard and Another, Respondent, v. James A. Rubin, Appellant, and Citibank, N. A., Respondent

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

December 20, 1990

This action was properly transferred to the Surrogate's Court, in view of the pendency there of proceedings relating to the estate of Reba Rubin. The issues involved in this action and the pending proceeding are similar, and affect the administration of the estate before the Surrogate's Court. As the Surrogate has been actively handling the administration of the estate since 1971 and was willing to accept jurisdiction of the Supreme Court action, it was proper to transfer...

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