Appellate Division of the Supreme Court of New York, 2001

In re the Estate of Burdick

In re the Estate of Burdick
Appellate Division of the Supreme Court of New York · Decided May 2, 2001
283 A.D.2d 920; 723 N.Y.S.2d 918; 2001 N.Y. App. Div. LEXIS 4434
In re the Estate of Burdick

Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Although Surrogate’s Court properly determined that respondents’ attorneys are disqualified, the court erred in determining that they are disqualified pursuant to subdivision (b) of Code of Professional Responsibility DR 5-102 (22 NYCRR 1200.21). The proper subdivision pursuant to which they are disqualified is subdivision (c). We have examined respondents’ remaining contentions and conclude that they are without merit. (Appeal from Order of Oneida County Surrogate’s Court, Ringrose, S. — EPTL.) Present— Pine, J. P., Hayes, Hurlbutt, Scudder and Lawton, JJ.

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