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  5. 164 Misc.2d 854 (1995)
 

MATTER OF CHMIEL

164 Misc.2d 854 (1995)

626 N.Y.S.2d 681

In the Matter of The Estate of Joseph M. Chmiel, Deceased.

Surrogate's Court, Broome County.

April 11, 1995

Attorney(s) appearing for the Case

Coughlin & Gerhart, Binghamton (Susan L. English of counsel), for petitioner. Shaw, O'Brien & Crowley, Binghamton (Daniel D. Reynolds of counsel), for counter-petitioner.

JOHN M. THOMAS, S.

In this motion for summary judgment, the decedent's surviving spouse seeks dismissal of a cross petition for probate by the brother of the decedent and issuance of letters testamentary to herself.

Joseph M. Chmiel died on August 2, 1994, leaving as his sole distributee Debra S. Chmiel, his surviving spouse, and the aforementioned will which left the decedent's estate in its entirety...

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