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In re the Estate of Tarka
41 A.D.3d 345
| N.Y. App. Div. | 2007
|
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Decree, Surrogate’s Court, New York County (Renee R. Roth, S.), entered April 6, 2006, which granted the petition for letters of administration with respect to the goods, chattels and credits of decedent Mark Tarka, unanimously affirmed, without costs.

Respondent, who was long estranged from her deceased brother, objects to the grant of letters of administration to the Public Administrator. However, the Surrogate’s Court appropriately exercised its broad discretionary authority (see Matter of Stortecky v Mazzone, 85 NY2d 518 [1995]) in finding respondent herself ineligible to serve as a fiduciary of this estate, in view of her history, inter alia, of noncompliance with judicial directives (see SCPA 707 [1] [e]).

We have considered respondent’s arguments and find them to be unavailing. Concur—Tom, J.P., Andrias, Sweeny and Kavanagh, JJ.

Case Details

Case Name: In re the Estate of Tarka
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jun 28, 2007
Citation: 41 A.D.3d 345
Court Abbreviation: N.Y. App. Div.
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