MATTER OF DINGER

File No. 373/14. 2015-00007.

150 A.D.3d 1108 (2017)

56 N.Y.S.3d 172

2017 NY Slip Op 04115

In the Matter of MAY DINGER, Deceased. DAVID THOMPSON, JR., Respondent; MARY ANN DINGER GUNTHER, Appellant.

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

Decided May 24, 2017.


Ordered that the decree is affirmed, with costs payable by the appellant personally.

The decedent died on October 12, 2012, survived by one of her daughters, the appellant. In April 2014, the petitioner, who was the son of the decedent's predeceased daughter, commenced this proceeding pursuant to SCPA 1001 to obtain letters of administration for the decedent's estate. The appellant moved to dismiss the petition, in effect, for failure to state a cause of action. At...

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