Opinion
November 6, 1967
On the court's own motion: (1) The decision of this court dated July 10, 1967 ( 28 A.D.2d 880) is amended by substituting the following in place of the first paragraph therein: In a discovery proceeding, decree of the Surrogate's Court, Kings County, dated November 28, 1966, modified, on the law and the facts, by (1) striking therefrom all the decretal paragraphs except the fifth, which awards the Referee $400, and (2) adding a provision that the petition for discovery is granted and respondent is directed to deliver the subject property and asset to the appellants-executors. As so modified, decree affirmed, with costs to appellants and respondent, payable out of the estate. (2) The order of this court dated July 10, 1967 is amended accordingly. Christ, Acting P.J., Brennan, Rabin and Hopkins, JJ., concur.