MATTER OF FLAUM v. BIRNBAUM


191 A.D.2d 227 (1993)

594 N.Y.S.2d 247

In the Matter of Ilene L. Flaum et al., as Coadministrators of The Estate of Bernard P. Birnbaum, Deceased, Respondents, v. Victoria Birnbaum, as Executrix of Saul I. Birnbaum, Deceased, Appellant

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

March 9, 1993


The Surrogate's Court did not abuse its discretion nor its statutory authority in removing the appellant as Executrix of her late husband's estate, without first conducting an evidentiary hearing, where, as here, the appellant refused to obey a specific direction of the Surrogate at a court-ordered deposition to provide her correct domiciliary address for the service of process as mandated by SCPA 708, after repeated efforts by the petitioners to serve her with process at...

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