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MATTER OF OVERGARD

5 Misc.3d 628 (2004)

785 N.Y.S.2d 662

In the Matter of the Estate of WILLIAM OVERGARD, III, Deceased.

Surrogate's Court, New York County.

October 4, 2004.

Attorney(s) appearing for the Case

Janow & Meyer, LLC, Pearl River (Irwin S. Meyer and Lori J. Perlman of counsel), and Cullen & Dykman Bleakly Platt, LLP, Brooklyn (Joseph Samulski of counsel), for Mathew Overgard, petitioner.

Young Moriwaki Isaacs & Greenfader, LLP, New York City (Damianos Markou of counsel), for Melinda Overgard, respondent.

Beldock Levine & Hoffman LLP, New York City, for Jennifer Magnusson.

OPINION OF THE COURT

EVE PREMINGER, S.

This contested application for permission to file a late renunciation is unusual in that petitioner is not the renouncing party, but a person whose interest would be accelerated by the filing of a renunciation. Respondent — the renouncing party — seeks to retract her renunciation and therefore opposes the relief.

The essential facts are undisputed. Decedent...

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