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MATTER OF DOLLOFF

2011-4397/B

49 Misc.3d 440 (2015)

12 N.Y.S.3d 848

2015 NY Slip Op 25219

In the Matter of the Estate of LAWRENCE J. DOLLOFF, Deceased. SUSAN DOLLOFF, Petitioner, v. MARY DOLLOFF, as Administrator C.T.A. of the Estate of LAWRENCE DOLLOFF, Deceased, et al., Respondents.

Surrogate's Court, Erie County.

Decided June 29, 2015.

Attorney(s) appearing for the Case

Platzer, Swergold, Levine, Goldberg, Katz & Jaslow, LLP ( Stan L. Goldberg and Linda Mandel Gates of counsel) for Lexington Insurance Company, respondent.

Arthur J. Rumizen for Mary Dolloff, administrator c.t.a., respondent.

McGee & Gelman ( Roger B. Simon of counsel) and Zdarsky, Sawicki & Agostinelli LLP ( Joseph E. Zdarsky of counsel) for petitioner.

Timothy M. O'Mara for Mary Dolloff, also known as Mary Gian, and others, respondents.

Eric T. Schneiderman , Attorney General ( Jennifer Principe of counsel), for New York State Department of Insurance, now known as New York State Department of Financial Services, respondent.

OPINION OF THE COURT

Decedent died at age 68 on September 19, 2011, survived by three adult children. His will, dated March 19, 2002, nominated his then-wife, Susan, to be the fiduciary of his estate.1

By petition verified January 6, 2012, decedent's daughter, Mary Dolloff, sought to...

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