OPINION OF THE COURT
LEE L. HOLZMAN, J.
In this SCPA 2103 discovery proceeding, the respondent moves to disqualify the petitioner, who is the executor of the estate and an attorney, from representing himself in his fiduciary capacity. The respondent contends that the advocate-witness rule mandates the petitioner's disqualification (Code of Professional Responsibility DR 5-102 [22 NYCRR 1200.21]). The novel...
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