CLARK v. WEINSTEIN


23 A.D.3d 1054 (2005)

804 N.Y.S.2d 183

PAUL T. CLARK, as Administrator c.t.a. of the Estate of FRANCIS M. WILSON, Deceased, and as Executor of LENORE C. WILSON, Deceased, Respondent, v. BARRY ALAN WEINSTEIN, M.D., et al., Appellants. (Appeal No. 2.)

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

November 10, 2005.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

At the time of his death in January 2002, Francis M. Wilson (decedent) was survived by his wife, his daughter, and the daughter's two children. Since their birth, both grandchildren had resided with decedent and his wife (collectively, grandparents), and the grandparents were awarded custody of them when they were, respectively, three...

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