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IN THE MATTER OF ESTATE OF WALTER

29 A.D.3d 598 (2006)

814 N.Y.S.2d 685

In the Matter of the Estate of CARYL F. WALTER, Deceased. JAY C. WALTER, Appellant; EVERETT SCOTT WALTER, Respondent, et al., Respondent.

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

May 2, 2006.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the petition is reinstated insofar as asserted against Everett Scott Walter.

The respondent Everett Scott Walter moved to dismiss the petition insofar as asserted against him as time-barred. The petitioner, Jay C. Walter, as executor of the will of Caryl F. Walter, argued that the proceeding was timely pursuant to the tolling provisions...

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