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MATTER OF TARKA

41 A.D.3d 345 (2007)

837 N.Y.S.2d 571

In the Matter of the Estate of MARK TARKA, Deceased. PUBLIC ADMINISTRATOR OF THE COUNTY OF NEW YORK, Respondent; MELANIE TARKA, Appellant.

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

Decided June 28, 2007.

Respondent, who was long estranged from her deceased brother, objects to the grant of letters of administration to the Public Administrator. However, the Surrogate's Court appropriately exercised its broad discretionary authority (see Matter of Stortecky v Mazzone, 85 N.Y.2d 518 [1995]) in finding respondent herself ineligible to serve as a fiduciary of this estate, in view of her history, inter alia, of noncompliance with judicial...

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