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MATTER OF DUDLEY

46 A.D.3d 1461 (2007)

847 N.Y.S.2d 495

In the Matter of the Estate of CAROL G. DUDLEY, Deceased. JAMES A. SOMMER, as Executor of the Estate of CAROL G. DUDLEY, Deceased, Respondent; EUGENE BRUSHABER et al., Appellants.

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

Decided December 21, 2007.

It is hereby ordered that the decree so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

We affirm for reasons stated in the decision by the Surrogate. We add only that Surrogate's Court properly denied that part of respondents' cross motion seeking the disqualification of Phillips Lytle LLP (law firm) from representing petitioner. Disqualification of an attorney or law firm for violation of the advocate-witness rule...

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