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MTR. OF STORTECKY v. MAZZONE

156 Misc.2d 16 (1992)

591 N.Y.S.2d 304

In the Matter of Frederick R. Stortecky, Petitioner, v. Michael A. Mazzone, as Fulton County Surrogate, Respondent.

Supreme Court, Fulton County.

October 6, 1992

Attorney(s) appearing for the Case

Frederick R. Stortecky, Johnstown, petitioner pro se. Robert Abrams, Attorney-General, Albany (Lawrence L. Doolittle of counsel), for respondent. Harter, Secrest & Emery, Rochester, for Fulton County Bar Association, amicus curiae.

WILLIAM H. KENIRY, J.

The court in this CPLR article 78 proceeding is asked to grant a writ of prohibition and writ of mandamus, inter alia, enjoining the respondent Surrogate of Fulton County from conducting a hearing, sua sponte, into the administration of an estate and directing the respondent Surrogate to approve a final account.

I

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