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In re Tarka

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 2007
41 A.D.3d 345 (N.Y. App. Div. 2007)

Opinion

No. 1466.

June 28, 2007.

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.

Tom, J.P., Andrias, Sweeny, Kavanagh, JJ.

Melanie Tarka, appellant pro se.

Bekerman Reddy, P.C., New York (John J. Reddy, Jr. of counsel), for respondent.

Before: Tom, J.P., Andrias, Sweeny and Kavanagh, JJ.


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) 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 [e]).

We have considered respondent's arguments and find them to be unavailing.


Summaries of

In re Tarka

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 2007
41 A.D.3d 345 (N.Y. App. Div. 2007)
Case details for

In re Tarka

Case Details

Full title:In the Matter of the Estate of MARK TARKA, Deceased. PUBLIC ADMINISTRATOR…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 28, 2007

Citations

41 A.D.3d 345 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 5644
837 N.Y.S.2d 571