In re the Estate of Llanga

Appellate Division of the Supreme Court of New York

In re the Estate of Llanga

39 A.D.2d 551, 332 N.Y.S.2d 602, 1972 N.Y. App. Div. LEXIS 4983

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 10, 1972

StatusPublished

This text of 39 A.D.2d 551 (In re the Estate of Llanga) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Llanga, 39 A.D.2d 551, 332 N.Y.S.2d 602, 1972 N.Y. App. Div. LEXIS 4983 (N.Y. Ct. App. 1972).

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Opinion

Appeal from a decree of the Surrogate’s Court, Kings County, dated July 16, 1971, dismissed, without costs. The decree was entered upon an order made upon default of appellant and as such is not appealable (CPLR 5511). In addition, the record on appeal is incomplete in failing to include a copy of the decree. We have nevertheless examined appellant’s contention and find it to be without merit (EPTL 3-4.1, suhd. [a], par. [1], cl. [B]). Our perusal of the record indicates that the conduct of the executor warrants the commencement of appropriate proceedings in the Surrogate’s Court for his removal (SCPA 711, 719). Munder, Acting P. J., Martuseello, Shapiro, Brennan and Benjamin, JJ., concur.

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Appeal from a decree of the Surrogate’s Court, Kings County, dated July 16, 1971, dismissed, without costs. The decree was entered upon an order made upon default of appellant and as such is not appealable (CPLR 5511). In addition, the record on appeal is incomplete in failing to include a copy of the decree. We have nevertheless examined appellant’s contention and find it to be without merit (EPTL 3-4.1, suhd. [a], par. [1], cl. [B]). Our perusal of the record indicates that the conduct of the executor warrants the commencement of appropriate proceedings in the Surrogate’s Court for his removal (SCPA 711, 719). Munder, Acting P. J., Martuseello, Shapiro, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

39 A.D.2d 551, 332 N.Y.S.2d 602, 1972 N.Y. App. Div. LEXIS 4983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-llanga-nyappdiv-1972.