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MATTER OF PORTER

35 A.D.3d 477 (2006)

826 N.Y.S.2d 377

In the Matter of the Estate of MARGUERITE C. PORTER, Also Known as MARGARET PORTER, Deceased. PETER D'AGOSTINO et al., Appellants; MARILYN RITCHIE, as Guardian of the Person and Property of RITA MARY HUGHES, Respondent.

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

Decided December 5, 2006.

Ordered that the order is affirmed, with costs payable by the appellants personally.

Disqualification of the objectant's attorney for violation of the advocate-witness rule was properly denied in the absence of a showing that the testimony of the attorney would be necessary (see Code of Professional Responsibility DR 5-102 [22 NYCRR 1200.21]; S & S Hotel Ventures Ltd. Partnership v 777 S. H. Corp., 69 N.Y.2d 437

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