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MATTER OF THOMAS

1107 CA 13-01911.

124 A.D.3d 1235 (2015)

In the Matter of the Estates of ANTHONY J. THOMAS and Another, Deceased. JOSEPH M. THOMAS et al., Appellants; Tom J. THOMAS, Respondent. (Appeal No. 1.)

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

Decided January 2, 2015.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of respondent's motion to dismiss the claim for the imposition of a constructive trust with respect to stock in the New York State Fence Company and reinstating that claim and as modified the order is affirmed without costs.

Memorandum: Petitioners, nonparty Daniel J. Thomas (Daniel), and respondent are the four children of Anthony J.

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