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MATTER OF PHILLIPS

2015-01011. Index No. 1681/12. File No. 2090/08.

163 A.D.3d 821 (2018)

81 N.Y.S.3d 483

2018 NY Slip Op 05313

In the Matter of John L. Phillips, Jr., Deceased. Samuel Boykin, Petitioner; Public Administrator of Kings County, Respondent. 750 Nostrand Avenue Corp., Nonparty Appellant. (Matter No. 1.) Citadel of Praise and Worship, Inc., Respondent, v. Samuel Boykin, as Administrator of the Estate of John L. Phillips, Jr., Deceased, Defendant. (Matter No. 2.)

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

Decided July 18, 2018.

Ordered that the decree dated January 21, 2015, is affirmed insofar as appealed from, with costs.

Samuel Boykin (hereinafter the Administrator) was appointed administrator of the estate of John L. Phillips, Jr., with a restriction on selling any real property of the estate without court approval. In May 2011, the Administrator entered into a contract to sell certain real property which was part of the estate (hereinafter the subject premises) to Citadel of Praise...

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