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MATTER OF KAUFMAN

288 A.D.2d 222 (2001)

732 N.Y.S.2d 367

In the Matter of the Estate of JOSEPH B. KAUFMAN, Deceased. ROBERT L. KAUFMAN, Appellant; LYNNE ATLAS-WITTKIN, Respondent.

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

Decided November 5, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, there is no basis to disturb the Surrogate's award of interim relief to the income beneficiary pending the resolution of a related probate proceeding (see, Matter of Huber v Mones, 243 A.D.2d 633; Matter of Barenholtz, 201 A.D.2d 305; Matter of Sommer,

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