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MATTER OF SINGER

No. 155

13 N.Y.3d 447 (2009)

2009 NY Slip Op 9265

920 N.E.2d 943

892 N.Y.S.2d 836

In the Matter of the Estate of JOSEPH SINGER, Deceased. VIVIAN SINGER, Respondent; ALEXANDER SINGER, Appellant.

Court of Appeals of New York.

Decided December 15, 2009.

Attorney(s) appearing for the Case

Greenfield Stein & Senior, LLP, New York City (Gary B. Freidman and Jeffrey H. Sheetz of counsel), for appellant.

Law Office of Jack Kint, New York City (Jack M. Kint, Jr., of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur with Chief Judge LIPPMAN; Judge GRAFFEO concurs in a separate concurring opinion in which Judges READ and SMITH concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

We conclude that the statutory safe harbor provisions of Surrogate's Court Procedure Act § 1404 and Estates, Powers and Trusts Law § 3-3.5 are not exhaustive and that, under the circumstances of this case, respondent Alexander Singer's conduct did not violate the in terrorem clauses of the decedent's probated will.

Rabbi Joseph Singer executed a...

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