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MATTER OF THOMAS

63 A.D.3d 1081 (2009)

In the Matter of EDWARD MICHAEL THOMAS, Also Known as EDWARD M. THOMAS, Deceased. EILEEN THOMAS, Respondent; MAUREEN PAGE, Appellant.

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

Decided June 23, 2009.

Ordered that the notice of appeal from the order dated December 26, 2007, is deemed to be a premature notice of appeal from the decree dated March 10, 2008 (see CPLR 5520 [c]); and it is further,

Ordered that the decree is reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Surrogate's Court, Orange County, for further proceedings in accordance herewith, and the order is modified accordingly.

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