MATTER OF CAPONE


258 A.D.2d 581 (1999)

685 N.Y.S.2d 466

In the Matter of the Estate of ROBERT CAPONE, Also Known as ROBERT S. CAPONE, Deceased. MICHAEL L. CAPONE, Respondent; EDWARD L. FORD, Appellant.

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

Decided February 16, 1999.


Ordered that the order is affirmed, with costs.

In October 1996 after having received two interim accountings of the estate from the estate's attorney, the petitioner executed a release in favor of the executor in return for a partial distribution of his inheritance. Over a year later, the petitioner sought to compel a formal judicial accounting and asserted that the release was invalid. The Surrogate granted the petition.

A release executed in the absence...

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