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In re Letters of Guardianship v. Coca-Cola

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 2001
281 A.D.2d 346 (N.Y. App. Div. 2001)

Opinion

March 29, 2001.

Order, Surrogate's Court, Bronx County (Lee Holzman, S.), entered March 3, 2000, which denied petitioner's application to vacate a prior decree appointing co-guardians of the subject infant's estate, unanimously affirmed, without costs.

Herman Schmertz, for respondents-respondents.

Brian J. Isaac, for petitioner-appellant.

Before: Sullivan, P.J., Tom, Mazzarelli, Ellerin, Friedman, JJ.


The application was properly denied on the ground that petitioner, whose only connection to the subject infant's estate is as the defendant in a personal injury action brought by the estate, is not a creditor of or person interested in the estate with standing to seek revocation of the co-guardians' letters (SCPA 711; see, Matter of Menis, 137 A.D.2d 692). We have considered petitioner's other arguments, including that the

Surrogate should have revoked the co-guardians' letters sua sponte pursuant to SCPA 719(10), and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Letters of Guardianship v. Coca-Cola

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 2001
281 A.D.2d 346 (N.Y. App. Div. 2001)
Case details for

In re Letters of Guardianship v. Coca-Cola

Case Details

Full title:IN RE APPLICATION FOR LETTERS OF GUARDIANSHIP, ETC., ESTATE OF FRANCES…

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

Date published: Mar 29, 2001

Citations

281 A.D.2d 346 (N.Y. App. Div. 2001)
722 N.Y.S.2d 740