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MATTER OF ZIRINSKY

10 Misc.3d 606 (2005)

802 N.Y.S.2d 923

In the Matter of the Estate of RALPH ELLIOT ZIRINSKY, Deceased.

Surrogate's Court, Nassau County.

October 24, 2005.

Attorney(s) appearing for the Case

Farrell, Fritz, P.C., Uniondale, for petitioner.

Schwartzapfel, Novick, Truhowsky & Marcus, P.C., Huntington, for objectants.

McCoyd, Parkas & Ronin, Garden City (Edward A. McCoyd of counsel), and Ruskin, Moscou Faltischek, P.C., Uniondale (Michael K. Feigenbaum of counsel), guardians ad litem.

OPINION OF THE COURT

JOHN B. RIORDAN, J.

Submitted for decision in this executor's accounting is the threshold issue of virtual representation. For the reasons that follow, the court rules that the petitioner's implicit reliance on SCPA 315 is unpersuasive and that virtual representation does not apply to the children of Jill Zirinsky Hirsch and Linda Zirinsky Gilbert.

Ralph Zirinsky died a resident...

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