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MATTER OF JOHNSON

File No. 3456/17. 2019-08646. 2019-09415.

201 A.D.3d 935 (2022)

157 N.Y.S.3d 785

2022 NY Slip Op 00425

In the Matter of Marshall Johnson, Deceased. Bruce Allen et al., Respondents; George Singley et al., Objectants-Appellants.

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

Decided January 26, 2022.

Attorney(s) appearing for the Case

Spizz & Cooper, LLP, Mineola, NY ( Harvey W. Spizz of counsel), for objectants-appellants.

Profeta & Eisenstein, New York, NY ( Fred R. Profeta, Jr. , of counsel), for petitioners-respondents.

Rivera, J.P., Hinds-Radix, Ford and Dowling, JJ., concur.

Ordered that the appeal from the order is dismissed, as the order was superseded by the intermediate decree; and it is further,

Ordered that the intermediate decree is modified, on the law, (1) by deleting the provision thereof judicially settling the intermediate account as filed, and (2) by deleting the provisions thereof, in effect, searching the record and awarding summary judgment to the petitioners on that branch...

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