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CHERRY v. MALLERY

280 A.D.2d 860 (2001)

721 N.Y.S.2d 144

WILLIAM CHERRY, as Administrator of the Estate of THERESA M. YOUMANS, Also Known as THERESA M. HESS, Deceased, Respondent, et al., Plaintiffs, v. ROGER H. MALLERY, Appellant.

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

Decided February 8, 2001.

Rose, J.

In 1992, Surrogate's Court issued letters of administration in the estate of Theresa M. Youmans (hereinafter decedent) to the Schoharie County Treasurer, Lawrence Tague, as public administrator. Tague thereafter retained defendant, an attorney, to represent him as fiduciary of the estate. On March 11, 1996, after the filing of an accounting by Tague, Surrogate's Court entered a decree closing the estate. In June 1996, Tague was arrested for, and subsequently...

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