MATTER OF DAVIS

File No. 358812.

180 A.D.3d 894 (2020)

116 N.Y.S.3d 584

2020 NY Slip Op 01157

In the Matter of Martin Davis, Also Known as Morton Davidson, Deceased. Roger Davis, Appellant; Teresa Padilla, Respondent.

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

Decided February 19, 2020.


Ordered that the appeal is dismissed as academic, without costs or disbursements.

In September 2009, Martin Davis, also known as Morton Davidson (hereinafter the decedent), died intestate. The decedent was survived by his son, Roger Davis, and his daughter, Teresa Padilla. Thereafter, the Surrogate's Court issued letters of administration to Padilla. On September 27, 2011, Padilla and Davis executed a stipulation of settlement which provided, among other things, that...

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