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YATES v. GENESEE COUNTY HOSPICE FOUNDATION, INC.

278 A.D.2d 928 (2000)

718 N.Y.S.2d 765

PAMELA G. R. YATES, Individually and as Voluntary Administrator of the Estate of SEAN K. REYNOLDS, Deceased, et al., Respondents, v. GENESEE COUNTY HOSPICE FOUNDATION, INC., Doing Business as HOSPICE FAMILY CARE, et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided December 27, 2000.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly granted that part of defendants' motion seeking dismissal of the claims brought pursuant to EPTL 11-3.2 (b) by plaintiff Pamela G. R. Yates (Yates) in her capacity as voluntary administrator of the Estate of Sean K. Reynolds (decedent) (see, SCPA 1306 [3]). The court also properly dismissed the claims with leave to refile...

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