Ordered that the order is reversed, on the law, without costs or disbursements, the motion is denied, and the matter is remitted to the Surrogate's Court, Richmond County, for further proceedings in accordance herewith.
Richard Dauria and his brother Robert Dauria, as heirs to the estate of their mother, the late Claire Dauria, and residual legatees of their stepfather, the decedent Kenneth Olsen, held certain real property which is the subject of the instant dispute...
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