Appellate Division of the Supreme Court of New York, 1951

In re the Estate of Honig

In re the Estate of Honig
Appellate Division of the Supreme Court of New York · Decided March 13, 1951
278 A.D. 682; 103 N.Y.S.2d 1013; 1951 N.Y. App. Div. LEXIS 4331
In re the Estate of Honig

Opinion of the Court

We think that this proceeding should be remitted to the Surrogate’s Court for the issuance of a supplemental citation to the Public Administrator and to take such proof as may be required (Surrogate’s Ct. Act, § 162, subd. 2). In view of the steps already taken herein, we find no necessity for the institution of a new proceeding. Decree unanimously reversed, without costs, and the matter remitted to the Surrogate’s Court for further proceeding as indicated herein. Settle order on notice. Present — Peck, P. J., Glennon, Cohn, Callahan and Shientag, JJ.

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