IN THE MATTER OF LANCE


26 A.D.3d 244 (2006)

810 N.Y.S.2d 44

In the Matter of the Estate of PETER J. LANCE, Deceased. HERBERT LANCE, Appellant; THELMA BUGGS, Respondent.

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

February 16, 2006.


Respondent was the longtime secretary of the intestate decedent. The record does not indicate that the referee or counsel for petitioner-administrator of the estate ever notified her of the scheduled trial date in writing, and neither she nor her counsel appeared. The court's rejection of the judicial hearing officer's report at inquest was warranted on this ground alone. In addition, there were no findings of fact in the report (see SCPA 506 [1]) on which to base...

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