IN THE MATTER OF MARSH


6 A.D.3d 362 (2004)

775 N.Y.S.2d 846

In the Matter of the Estate of NICHOLAS MARSH, Deceased. JULIE D. LEFKOWITZ, Petitioner; THE BANK OF NEW YORK, as Executor, et al., Respondents. ADRIENNE M. LEFKOWITZ, Nonparty Appellant.

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

April 29, 2004.


The purported appellant, Adrienne Marsh Lefkowitz, not having joined in the motion to vacate the subject accounting decree and never having been substituted for the movant, is not a proper appellant (see CPLR 5511). We note, in any case, that the movant, Julie D. Lefkowitz, elected not to formally appear in the accounting proceeding (see SCPA 401 [2]), and was thus without standing to bring the motion in the first...

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