Opinion
June 16, 1941.
Appeal from Surrogate's Court of Kings County.
Present — Lazansky, P.J., Carswell, Johnston, Adel and Taylor, JJ.
Decree unanimously affirmed, with costs payable by the appellant personally. The record amply justifies the action of the surrogate for the reasons stated by him relating to the best interests of the infant. In addition, the undisputed proof establishes that the petition upon which the appellant was originally appointed contained false suggestions of material facts which required the revocation of the letters issued to the appellant. (Surr. Ct. Act, § 99, subd. 4; Matter of Campbell, 192 N.Y. 312.) This is so even if the erroneous statements were innocently made. ( Matter of Gaffney, 141 Misc. 453, 455; Kerr v. Kerr, 41 N.Y. 272, 276.)