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MATTER OF PHILIP

50 A.D.3d 81 (2008)

851 N.Y.S.2d 141

In the Matter of a Judicial Declaration of Death of SNEHA ANNE PHILIP. RONALD LIEBERMAN, Appellant.

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

January 31, 2008.

Attorney(s) appearing for the Case

Marc Bogatin, New York City, for appellant.

Ellen Winner, Brooklyn, Guardian ad Litem.

MAZZARELLI, J.P., MARLOW and CATTERSON, JJ., concur with SAXE, J.; MALONE, J., dissents in a separate opinion.

OPINION OF THE COURT

SAXE, J.

Dr. Sneha Anne Philip, a young physician who lived with her husband in the shadow of the World Trade Center, left her home on the evening of September 10, 2001, and never returned or was heard from again. Her husband, having done everything he could to investigate her disappearance, finally accepted the conclusion reached by professional investigators that she had died in the...

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