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MATTER OF THOMAS

2005-0586.

28 Misc.3d 300 (2010)

901 N.Y.S.2d 493

In the Matter of JOHN M. THOMAS, as Administrator C.T.A. of the Estate of JOHN KEVIN McLAUGHLIN, Deceased, Petitioner. FAHIME L. McLAUGHLIN, Respondent.

Surrogate's Court, Broome County.

Decided April 16, 2010.

Attorney(s) appearing for the Case

Coughlin & Gerhart, LLP, Binghamton ( Robert R. Jones of counsel), for the Estate of John Kevin McLaughlin. McDonough & Artz, P.C., Binghamton ( Philip J. Artz of counsel), for respondent.

Andrew M. Cuomo , Attorney General, Binghamton ( Mary A. Walsh of counsel), for charitable beneficiaries. Marya Young , Binghamton, for Michael McLaughlin. Alan J. Pope , Binghamton, for Sean McLaughlin.

OPINION OF THE COURT

EUGENE E. PECKHAM, J.

John M. Thomas, as administrator c.t.a. of this estate, has petitioned the court pursuant to SCPA 1809 to determine the validity of two claims filed under SCPA 1803 by Fahime "Lily" McLaughlin, former spouse of decedent. Before the court is a motion to dismiss the claims as barred by the statute of limitations and for summary judgment under CPLR 3211 (a) (5) and 3212.

Decedent died domiciled in Endicott...

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