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MATTER OF GOLDBERG v. ROTH

223 A.D.2d 454 (1996)

637 N.Y.S.2d 72

In the Matter of The Estate of Simon A. Goldberg, Deceased, et al., Appellants, v. Renee R. Roth et al., Respondents

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

January 23, 1996

The IAS Court properly determined that an article 78 proceeding in the Supreme Court was an inappropriate vehicle for seeking the relief requested herein. The proper procedure to follow to challenge the Surrogate's Court determination would have been to take an appeal to this Court of the Surrogate's denial of petitioners' motion to vacate the appointment of the guardian (see, e.g., Matter of Sommer,

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