MATTER OF COSENTINO


179 Misc.2d 1021 (1999)

686 N.Y.S.2d 922

In the Matter of The Estate of Joseph Cosentino, Deceased.

Surrogate's Court, Bronx County.

March 8, 1999


Attorney(s) appearing for the Case

Jerold W. Dorfman for petitioner. Joseph S. Garafola, guardian ad litem.


LEE L. HOLZMAN, J.

In this application by the decedent's spouse to judicially settle her account both as the temporary and permanent administratrix of his estate, it appears that an issue of first impression has been presented. The issue is whether maintenance payments totaling $49,000 that were paid to the petitioner as the spouse of an absentee pursuant to SCPA 907 should, in light of the fact that a judicial...

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