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MATTER OF ADAM D.

1073CA 16-00266.

145 A.D.3d 1494 (2016)

2016 NY Slip Op 08654

44 N.Y.S.3d 639

In the Matter of the Compulsory Accounting of the ADAM D. AND KRYSTYNA M. DIOGUARDI LIVING TRUST U/A DTD. JANUARY 28, 1997. NICOLE DIOGUARDI BECK, Appellant; KRYSTYNA M. DIOGUARDI, as Trustee of the ADAM D. AND KRYSTYNA M. DIOGUARDI LIVING TRUST U/A DTD. JANUARY 28, 1997, Respondent.

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

Decided December 23, 2016.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner, one of the two surviving children of decedent, Adam D. Dioguardi, commenced this proceeding in Surrogate's Court seeking to compel an accounting of the Adam D. and Krystyna M. Dioguardi Living Trust U/A DTD. January 28, 1997 (Trust) from the time of decedent's incapacitation. Decedent and respondent, who is decedent's third wife and surviving spouse...

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