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MATTER OF McCORMACK

8188N. No. 5053D/82.

168 A.D.3d 566 (2019)

92 N.Y.S.3d 234

2019 NY Slip Op 00407

In the Matter of Ann C. McCormack by Her Special Guardian and Attorney-in-Fact Carol Bamonte, concerning the Estate of Kathleen Durst, Absentee and Alleged Deceased. Carol M. Bamonte, as Executor of the Estate of Ann C. McCormack, Deceased, Petitioner-Appellant. Charles Capetanakis, Nonparty Respondent, et al., Respondent.

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

Decided January 22, 2019.

Petitioner failed to demonstrate that Surrogate Anderson improvidently exercised her discretion in refusing to recuse herself (see Wong v 2669 Owners Ltd., 126 A.D.3d 451 [1st Dept 2015]). As the Surrogate found, 22 NYCRR 151.1 does not require her recusal based on contributions made by the GAL's wife or law firm to the Surrogate's 2008 campaign. Moreover, there is no evidence that the contributions played any role in her determinations...

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