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MATTER OF ESTATE OF HAYES

2008-11392

69 A.D.3d 625 (2010)

891 N.Y.S.2d 285

2010 NY Slip Op 148

In the Matter of the Estate of EDNA HAYES, Also Known as EDNA G. HAYES, Deceased. JAMES R. COYLE et al., Appellants. DAVID A. HAYES, Respondent.

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

Decided January 5, 2010.

Ordered that the order is affirmed, with costs.

The objectant established his entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]), by demonstrating that the executors' petition asserting, inter alia, that certain funds withdrawn by the objectant from certain bank accounts are assets of the decedent's estate, was interposed after the...

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