IN RE SOBOL


14 A.D.3d 426 (2005)

788 N.Y.S.2d 100

In the Matter of the Estate of BRUCE SOBOL, Deceased. LYDIA WAGNER, Respondent; WALTER DROBENKO et al., Appellants. KEVIN H. COHEN, Nonparty Respondent.

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

January 20, 2005.


Contrary to appellants' assertion, the Surrogate did not effectively revoke the preliminary letters testamentary that had been issued. Appellant Drobenko was permitted to continue to serve as preliminary executor of decedent's will; the temporary receiver displaced appellants only with respect to the operation of decedent's business and the collection of life insurance proceeds on the business's behalf. In any event, it does not appear that the Surrogate exercised her discretion...

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