In re the Estate of Rosenzweig — 22 N.Y.2d 749

Majority

p. 749

In the Matter of the Estate of Sam Rosenzweig, Deceased. Emanuel Rosenzweig, Appellant; Aranka Klein, as Trustee under a Trust Created by Sam Rosenzweig, Deceased, Respondent.

Argued April 2, 1968;

decided June 6, 1968.

p. 751

Irving Margolies and Lawrence I. Drath for appellant.

Isidore Beerman, Julia Sherman and Leon A. Beerman for respondent.

Order insofar as it modifies the decree of the Surrogate’s Court affirmed, without costs. Appeal from so much of the order as denies the motion to punish respondent for contempt dismissed, without costs, upon the ground that the order does not finally determine the proceeding within the meaning of the Constitution. No opinion.

Motion for stay denied.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.