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MATTER OF FAGGEN

4360, 2412/80, 4360A.

81 A.D.3d 571 (2011)

917 N.Y.S.2d 570

In the Matter of DONALD FAGGEN to Compel ROSE FAGGEN, as Executrix of HAROLD FAGGEN, Deceased, to Account under the Last Will and Testament of CELIA FAGGEN, Deceased. DONALD FAGGEN, Appellant, v. JP MORGAN CHASE, N.A., et al., Respondents.

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

Decided February 24, 2011.

Petitioner seeks to compel an accounting of the estate of Celia Faggen, who died in 1980, by co-fiduciaries of the estate of decedent Rose Faggen. Rose Faggen was the executrix of decedent Harold Faggen who, in turn, was the executor of Celia Faggen's estate. A compelled accounting by fiduciaries thrice removed from the subject estate is not authorized by the Surrogate's Court Procedure Act (see SCPA 2207; Matter of Griffin, 170 Misc. 1066 [1939] [construing...

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