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MATTER OF McCLOSKEY

307 A.D.2d 737 (2003)

763 N.Y.S.2d 187

In the Matter of the Estate of ROSE McCLOSKEY, Deceased. PETER CAFALLO et al., Appellants; VERONICA FEDERICI et al., Respondents.

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

Decided July 3, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law and facts without costs and the petition is granted. All findings of fact contained in the decision of the Surrogate that are inconsistent with the memorandum herein are hereby reversed and new findings are made pursuant to CPLR 5712 (c) as contained in the following memorandum: Surrogate's Court erred in denying the petition...

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