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MATTER OF OTHMER

12 Misc.3d 919 (2006)

815 N.Y.S.2d 444

In the Matter of the Estate of MILDRED OTHMER, Deceased. In the Matter of the Estate of DONALD F. OTHMER, Deceased.

Surrogate's Court, Kings County.

May 19, 2006.

Attorney(s) appearing for the Case

Perlman & Perlman, New York City, for petitioner.

Eliot Spitzer, Attorney General, New York City (Paula Gellman of counsel), for ultimate charitable beneficiaries.

OPINION OF THE COURT

FRANK R. SEDDIO, S.

This is an uncontested petition to release funds in the Othmer Endowment Fund, a restricted fund of the Long Island College Hospital (LICH or the Hospital), under the doctrine of cy pres, as codified under EPTL 8-1.1 (c). The funds were given to LICH under the wills of Dr. Donald F. Othmer and his wife, Mildred Topp Othmer.

Background

Dr. Donald...

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