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IN THE MATTER OF SWIDOW

13 A.D.3d 638 (2004)

786 N.Y.S.2d 350

In the Matter of Estate of ELEANOR H. SWIDOW, Deceased. SUSAN M. HENRY, Appellant; JOSEPH KACHKOWSKI, Respondent; FLEET BANK, Respondent.

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

December 27, 2004.

Ordered that the order is reversed, on the law, with costs payable by Fleet Bank, and that branch of the motion which was for the imposition of costs pursuant to 22 NYCRR 130-1.1 (a) against the petitioner is denied.

The Surrogate's Court improperly determined that the conduct of the petitioner's attorney in issuing and serving a subpoena duces tecum upon the respondent Fleet Bank was frivolous as that term is defined in 22 NYCRR 130-1.1. Contrary to Fleet Bank's...

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