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MATTER OF NELLER

File No. 733/11. 2019-03174.

189 A.D.3d 1599 (2020)

135 N.Y.S.3d 263

2020 NY Slip Op 08067

In the Matter of Mary Neller, Deceased. Paul P. Neller et al., Respondents; Georgianna Neller et al., Appellants.

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

John Newman , Huntington, NY, for appellants.

Michael Camporeale ( John Z. Marangos , Staten Island, NY, of counsel), for respondents.

Rivera, J.P., Cohen, Hinds-Radix and Iannacci, JJ., concur.

Ordered that the decree is affirmed, with costs.

The petitioners commenced the instant proceeding against Georgianna Neller and William Neller (hereinafter together the appellants), who are distributees of the decedent, seeking, inter alia, to recover possession of the subject real property and damages for the nonpayment of use and occupancy. The Surrogate's Court directed the appellants to vacate the property. Further...

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