MATTER OF MURPHY


248 A.D.2d 475 (1998)

669 N.Y.S.2d 374

In the Matter of The Estate of Florence Murphy, Deceased. Frank Murphy, Jr., as Executor of Florence Murphy, Deceased, et al., Appellants; Neil McBrien, Respondent

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

March 9, 1998


Ordered that the order is modified by deleting therefrom the first decretal paragraph; as so modified, the order is affirmed insofar as appealed from, with costs to the appellants payable by the respondent, and the matter is remitted to the Surrogate's Court, Richmond County, for a hearing in accordance herewith.

During the course of the hearing on the issue of the respondent's service of notices of claim, the respondent tendered proof of an office practice and procedure...

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