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MATTER OF AJALA

3314/02, 3668/05, 3669/05, 3670/05, 4975, 4976, 4977, 4978, 4979, 4980.

84 A.D.3d 466 (2011)

922 N.Y.S.2d 352

In the Matter of GODWIN AJALA, Deceased. In the Matter of UCHECHUKWU AJALA and Others. MABEL UDU AJALA et al., Appellants; VICTORIA AJALA, Respondent.

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

Decided May 5, 2011.

We find the court did not abuse its discretion or violate appellants' due process rights by sua sponte vacating its May 2, 2006 decree granting appellants letters of guardianship. Pursuant to the Surrogate's Court Procedure Act § 707 (1) (c), Mabel Ajala, as a nonresident alien, was ineligible to serve with Sebastian, a nonresident of the State of New York, as sole cofiduciary (see Matter of Makowski, 13 A.D.3d 1210 [2004])...

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