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MATTER OF GUZZO

292 A.D.2d 607 (2002)

739 N.Y.S.2d 615

In the Matter of Estate of MICHAEL L. GUZZO, Deceased. JOSEPH CIRILLO et al., Appellants; UNITED STATES FIRE INSURANCE COMPANY et al., Respondents.

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

Decided March 25, 2002.

Ordered that the order is affirmed, with costs.

Contrary to the petitioners' contention, the Surrogate's Court properly denied their application for leave to commence an action or proceeding pursuant to SCPA 809 (1) against the respondent United States Fire Insurance Company to recover on a bond it issued to the administrator of the estate of Michael L. Guzzo. A fiduciary's liability must first be determined by the Surrogate...

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