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MATTER OF HICKS

2008-08814, 2009-03783.

72 A.D.3d 1085 (2010)

899 N.Y.S.2d 371

In the Matter of the Estate of JOHN HENRY HICKS, Deceased. GENESIS HOLDING OF NASSAU, LLC, Appellant; LOIS M. ROSENBLATT, Public Administrator of Queens County, Respondent.

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

Decided April 27, 2010.

Ordered that the order dated September 2, 2008, is reversed insofar as appealed from, on the law, the motion of Lois M. Rosenblatt, Public Administrator of Queens County, for summary judgment dismissing the petition is denied, and upon searching the record, summary judgment is awarded in favor of the petitioner and the petition is granted; and it is further,

Ordered that the appeal from the order dated March 27, 2009, is dismissed as academic in light of our determination...

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