MATTER OF ESTATE OF DEANS

2008-10453

68 A.D.3d 768 (2009)

2009 NY Slip Op 9026

888 N.Y.S.2d 900

In the Matter of Estate of LIVINGSTON MANDEL DEANS, Deceased. VALERIE GRAY et al., Respondents; FELIPE ORNER et al., Respondents. REAL SPEC VENTURES, LLC, Nonparty Appellant.

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

Decided December 1, 2009.


Ordered that the decree is modified, on the law, by adding to the fifth decretal paragraph thereof the words "to the extent of any interest held by the Estate of Livingston Mandel Deans" immediately following the words "State of New York"; as so modified, the decree is affirmed insofar as appealed from, without costs or disbursements.

For the reasons stated in our decision and order on the companion appeal, the Surrogate's Court lacked jurisdiction to direct the cancellation...

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