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MATTER OF WEINRAUB

1911, 2095/06

68 A.D.3d 679 (2009)

2009 NY Slip Op 9723

892 N.Y.S.2d 88

In the Matter of JEROME M. WEINRAUB. S. SIDNEY MANDEL, Appellant; JEROME M. WEINRAUB, Respondent.

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

Decided December 29, 2009.

The Surrogate's Court providently exercised its discretion in removing appellant as trustee of the captioned trust (see SCPA 719 [1], [3], [10]; 711 [3], [8], [12]; Matter of Duke, 87 N.Y.2d 465, 472-473 [1996]). The appellant failed to account over many years, despite repeated requests by a cotrustee and beneficiary and a court order compelling him to do so by a date certain. In a parallel proceeding in Westchester County...

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