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MATTER OF PERRY

194 Misc.2d 458 (2002)

755 N.Y.S.2d 791

In the Matter of the Estate of JOHN W. PERRY, Deceased.

Surrogate's Court, New York County.

December 9, 2002.

Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom, LLP (Lea Haber Kuck and Kathleen Merrigan of counsel), for Patrolman's Benevolent Association and another, respondents.

Eliot Spitzer, Attorney General (William Josephson, Marla G. Simpson and Andrew P. Davis of counsel), for ultimate charitable beneficiaries.

Edward D. Hayes for petitioner.

OPINION OF THE COURT

EVE PREMINGER, S.

Decedent, a member of the New York City Police Department, died in the September 11th attacks on the World Trade Center. His union, the Patrolman's Benevolent Association (PBA), had previously established a not-for-profit corporation, the PBA Widows' and Children's Fund, Inc., "for the purpose of voluntarily aiding and assisting such widows or widowers and family survivors of Police Officers who lose their lives in...

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