In re the Estate of Polubatko

21 A.D.2d 736 Court N.Y. App. Div. Decision date 1964-05-14 English

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In the Matter of the Estate of Mary Polubatko, Deceased. Wolf, Popper, Ross, Wolf & Jokes et al., Respondents; Arthur Levitt, as Comptroller of the State of New York, Appellant.

Appeal unanimously dismissed, without costs as academic. (Appeal by Comptroller from order of Monroe Surrogate’s Court denying motion to vacate a decree entered December 5, 1961.) Present — Williams, P. J., Bastow, Goldman, Henry and Noonan, JJ.