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MATTER OF HERSH

File No. 4035G/07. 2019-07703.

198 A.D.3d 776 (2021)

156 N.Y.S.3d 71

2021 NY Slip Op 05566

In the Matter of George Hersh, Deceased. Esther Rachel Hersh, Appellant; Mark Hersh, Respondent.

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

Decided October 13, 2021.

Attorney(s) appearing for the Case

T. Kevin Murtha & Associates, P.C., Westbury, NY ( William Bird III of counsel), for appellant.

Gusrae Kaplan Nusbaum PLLC, New York, NY ( Ryan J. Whalen of counsel), for respondent.

LaSalle, P.J., Austin, Barros and Wooten, JJ., concur.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, directed dismissal of the petition is deemed to be an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

Ordered that the order is affirmed insofar as appealed from, with costs.

George Hersh (hereinafter George) died on July...

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