Opinion
July 6, 1955
Zelby Burstein and McGobern Connelly ( Harry G. Davidson of counsel), for petitioner.
Crisona Brothers and Malcolm Wilson ( James L. Purcell of counsel), for respondent.
Morrie Slifkin, as special guardian.
The motion under rule 106 of the Rules of Civil Practice for an order dismissing so much of the petition as requests a denial of letters of trusteeship is granted. The grounds for disqualification of a fiduciary set forth in section 94 of the Surrogate's Court Act are exclusive. ( Matter of Foss, 282 App. Div. 509, 511.) The alleged grounds of disqualification do not fall within those enumerated in section 94 of the Surrogate's Court Act.
Settle order.