MATTER OF LUPOLI


275 A.D.2d 44 (2000)

714 N.Y.S.2d 497

In the Matter of the Estate of RAFFAELE LUPOLI, Also Known as RAPHAEL LUPOLI, Deceased. PETER LUPOLI, Appellant; MARGUERITE LUPOLI, Respondent.

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

September 25, 2000.


Attorney(s) appearing for the Case

Robert A. Ross, Huntington, for appellant.

Peter M. Redmond, Bayside, for respondent.

THOMPSON, GOLDSTEIN and McGINITY, JJ., concur.


OPINION OF THE COURT

BRACKEN, J. P.

The essential question in this case is whether the Surrogate's Court has the power to punish a person for contempt of court based on that person's disobedience of an information subpoena. The information subpoena at issue consists of a series of questions addressed to a witness concerning that witness's knowledge of the assets held by a beneficiary and former de facto executor of the estate, against whom the Surrogate...

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