MATTER OF BENKERT


288 A.D.2d 147 (2001)

734 N.Y.S.2d 427

In the Matter of the Estate of MATILDA K. BENKERT, Deceased. AMBROSE W. BENKERT, JR., Respondent; ANNE SMITHERS, Appellant.

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

Decided November 27, 2001.


The Surrogate correctly held that the stipulation of the parties to a terminated probate proceeding consenting to the sealing or expunging of certain records in that proceeding does not obviate the need to show good cause for such relief, as required by 22 NYCRR 216.1 (a). Nor does the parties' mutual desire to prevent dissemination of inflammatory and embarrassing allegations contained in the record constitute such good cause (cf., Danco Labs. v Chemical Works of Gedeon...

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