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MATTER OF HYMAN

3708, 1024/02.

78 A.D.3d 583 (2010)

912 N.Y.S.2d 182

In the Matter the Estate of MALCOLM A. HYMAN, Deceased. BRUCE HYMAN, as Coexecutor of MALCOLM A. HYMAN, Deceased, Respondent; FREDERIC HYMAN, Appellant.

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

Decided November 30, 2010.

When there is an inconsistency between a judgment or order and the decision upon which it is based, the decision controls, and such inconsistency may be corrected on appeal (see Green v Morris, 156 A.D.2d 331 [1989], lv denied 75 N.Y.2d 705 [1990]; CPLR 5019 [a]). The Surrogate's decision faulted the parties equally for the prolonged administration and rejected petitioner's request that the coexecutors be released...

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