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MATTER OF DUFFY

2001DT01229/A

25 Misc.3d 901 (2009)

885 N.Y.S.2d 401

2009 NY Slip Op 29372

In the Matter of the Final Accounting of MICHAEL DUFFY, as Executor of ELEANOR KOPEC, Deceased.

Surrogate's Court, Monroe County.

Decided September 8, 2009.

Attorney(s) appearing for the Case

Patrick Naylon and Angelo Faraci for executor.

James Sonneborn, Christine Dettor and James Stewart for objectant.

OPINION OF THE COURT

EDMUND A. CALVARUSO, S.

Holding

Objectant, Gilbert Stone, seeks to surcharge executor Michael Duffy for losses incurred by the estate during the post-September 11, 2001 stock market decline. The court holds that the executor made a prima facie showing that the estate's investment plan was in compliance with the Prudent Investor Act, and objectant failed to meet his burden to show both that the investments were imprudent and...

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