Ordered that the order is modified, on the law, by deleting the final decretal paragraph thereof; as so modified, the order is affirmed, without costs or disbursements.
There is no proof in the record that the appellant, the surety for the deceased conservator/trustee of the subject trust, was ever properly served with the order to show cause and the accompanying petition, received notice of the proceeding, or was afforded any opportunity to appear and defend its...
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