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MATTER OF AVENA

166 Misc.2d 968 (1995)

636 N.Y.S.2d 992

In the Matter of Paul Avena, an Absentee.

Surrogate's Court, Bronx County.

December 22, 1995

Attorney(s) appearing for the Case

Marguerite A. Pacacha for Mary Sohr, petitioner. Francine S. Pickett, guardian ad litem.

LEE L. HOLZMAN, J.

This is an application by the aunt of the absentee to have him declared dead pursuant to EPTL 2-1.7 so that she may collect the proceeds of a bank account in the absentee's name in trust for her. Petitioner also requested that letters of administration issue to the public administrator. Inasmuch as petitioner alleges that respondent disappeared in May 1989, the issue presented is whether...

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