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MATTER OF PECKOLICK

167 Misc.2d 597 (1996)

639 N.Y.S.2d 675

In the Matter of The Estate of Esther Peckolick, Deceased.

Surrogate's Court, New York County.

February 28, 1996

Attorney(s) appearing for the Case

Pomeranz, Gottlieb & Mason, P. C., New York City (Joseph Pomeranz of counsel), for Roma Chrustinsky, petitioner. Armand J. Rosenberg, New York City, respondent pro se.

RENEE R. ROTH, S.

The proponent of the will of Esther Peckolick seeks a protective order with respect to a notice to examine under SCPA 1404.

The issue is whether an executor named in a prior will has an unconditional right to conduct such examinations with respect to the propounded will under which his appointment was revoked.

Briefly stated, the relevant facts follow.

Mrs. Peckolick...

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