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MATTER OF FERRARA

7 N.Y.3d 244 (2006)

852 N.E.2d 138

819 N.Y.S.2d 215

In the Matter of the Estate of GEORGE J. FERRARA, Deceased. SALVATION ARMY, Appellant; DOMINICK FERRARA et al., Respondents.

Court of Appeals of New York.

Decided June 29, 2006.

Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft LLP, New York City (Edwin David Robertson and Kathyrn F. Shreeves of counsel), for appellant.

Bashian & Farber, LLP, White Plains (Annette G. Hasapidis and Gary E. Bashian of counsel), for respondents.

Eliot Spitzer, Attorney General, New York City (Mariya S. Treisman, Caitlin J. Halligan, Michelle Aronowitz and Gerald A. Rosenberg of counsel), in his statutory capacity under EPTL article 8.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur.

OPINION OF THE COURT

READ, J.

Article 5, title 15 of the General Obligations Law prescribes what a statutory short form power of attorney must contain, specifies the powers that the form may authorize and defines their scope. On this appeal, we hold that an agent acting under color of a statutory short form power of attorney that contains additional language augmenting the gift-giving authority must make gifts...

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