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MATTER OF MILNER

283 A.D.2d 648 (2001)

725 N.Y.S.2d 869

In the Matter of the Estate of MANYA MILNER, Also Known as MANYA MILLNER, Deceased. WILLIAM MILNER, Respondent; MIRIAM POGROW et al., Respondents; ESTHER FUNK et al., Appellants.

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

Decided May 29, 2001.

Ordered that the order is affirmed insofar as reviewed, with one bill of costs payable by the appellants personally to the respondent William Milner.

Contrary to the appellants' contention, the Surrogate's Court properly enforced the stipulation pursuant to which they resigned as preliminary executors and withdrew their petition for letters testamentary (see, Royal York Realty v Ancona, 280 A.D.2d 593; Hillcrest Realty...

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