MATTER OF CARVEL


49 A.D.3d 877 (2008)

853 N.Y.S.2d 902

In the Matter of the Estate of THOMAS CARVEL, Deceased. PAMELA CARVEL, Appellant; McCARTHY FINGAR, LLP, et al., Respondents.

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

Decided March 25, 2008.


Motion by McCarthy Fingar, LLP, inter alia, to dismiss the appeal on the ground that the appellant is no longer the executor of the estate of Agnes Carvel and the successor fiduciary has not sought to be substituted as the appellant. By decision and order on motion of this Court dated September 25, 2007, those branches of the motion which were to dismiss the appeal and to enlarge the record on appeal were held in abeyance and referred to the panel of Justices hearing the...

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