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MATTER OF GOTTLIEB

4037/99 & 151920212223, 2497/07.

75 A.D.3d 99 (2010)

902 N.Y.S.2d 505

In the Matter of the Estate of WILLIAM GOTTLIEB, Deceased. IRVING BENDER et al., Respondents; CHERYL I. DIER et al., Appellants. In the Matter of the Estate of MOLLIE BENDER, Deceased. IRVING BENDER et al., Respondents; MICHAEL CORBETT, Appellant.

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

Decided May 18, 2010.

Attorney(s) appearing for the Case

Cheryl I. Dier , appellant pro se.

Law Office of Michael C. Rakower, P.C., New York City ( Michael C. Rakower , Harvey Stuart and David E. Miller of counsel), and Mayer Law Group, LLC, New York City ( Carl J. Mayer of counsel), for Michael Corbett, appellant.

Greenfield Stein & Senior, LLP, New York City ( Gary B. Freidman and Harvey Corn of counsel), and Simon, Eisenberg & Baum, LLP, New York City ( Joseph P. Gaffney , Edward Paul Alper and Eric Baum of counsel), for respondents.

ANDRIAS, J.P., SWEENY, CATTERSON and DeGRASSE, JJ., concur.

OPINION OF THE COURT

NARDELLI, J.

This appeal involves challenges to the issuance of fiduciary letters in two related estates. In Matter of Gottlieb, objectors Cheryl I. Dier and Michael Corbett appeal from a decree of the Surrogate's Court, New York County which, inter alia, granted the motion of Irving Bender and Neil Bender, as preliminary executors of the estate of Mollie Bender, to dismiss the...

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