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MATTER OF LANDOR v. GUO

2011-04297, 2011-04882, 2011-09838, 2011-09840.

110 A.D.3d 801 (2013)

974 N.Y.S.2d 478

2013 NY Slip Op 6569

In the Matter of the Estate of JAMES A. LANDOR, Deceased, by SARAH LANDOR, as Administratrix, Respondent, v. JEAN GUO, Appellant, and INTERNATIONAL BUSINESS MACHINES CORP., Respondent. IBM 401(K) PLUS PLAN et al., Intervenors-Respondents.

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

Decided October 9, 2013.

In a proceeding, inter alia, pursuant to SCPA 2103 for the turnover of certain property allegedly withheld from the estate of James A. Landor, Jean Guo appeals (1) from an order of the Surrogate's Court, Dutchess County (Pagones, S.), dated March 4, 2011, which denied her motion, inter alia, to dismiss that branch of the petition which sought the turnover of the funds in the decedent's "IBM 401K" plan, made on the ground that the parties failed to exhaust administrative remedies...

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