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IN THE MATTER OF MARSHALL

11 Misc.3d 674 (2005)

811 N.Y.S.2d 552

In the Matter of the Estate of JOAN MARSHALL, Deceased.

Surrogate's Court, Suffolk County.

December 19, 2005.

Attorney(s) appearing for the Case

Esseks, Hefter & Angel, Riverhead, for movant.

Linda M. Dieterich, Riverhead, and McNulty-Spiess, P.C., Riverhead, for petitioner.

Roe, Wallace, Esteve, Taroff & Taitz, LLP, Patchogue, for respondents.

OPINION OF THE COURT

JOHN M. CZYGIER, JR., S.

In the context of a captioned contested probate proceeding, counsel for a beneficiary under a document which has been offered for probate dated February 14, 1995 has moved, by order to show cause, for an order pursuant to CPLR 2304, quashing a subpoena served upon him and issued by respondent, on the grounds that it is defective; that there is no right under SCPA 1404 to depose him in his capacity as alternate...

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