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Matter of Garner (2007 NY Slip Op 50108(U))
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Decided on January 26, 2007
Sur Ct, Bronx County

303-A/06
Schwartzapfel, Novick, Truhowsky & Marcus, P.C. (Michael J. Sullivan, Esq., of counsel) for Nitika Powell, petitioner
Berwitz & DiTata, LLP, (Maureen Rothschild DiTata, Esq., of counsel) for Tisha Finley, objectant
Lee L. Holzman, J.
This court rendered a decision dated September 27, 2006, holding that the petitioner, an alleged granddaughter of decedent, was entitled to letters of administration. This decision granted the petition on an uncontested basis, but required notice of settlement of the decree upon all other alleged distributees. Upon settlement of the decree, another alleged granddaughter, who appeared to have defaulted, filed objections to the appointment of the petitioner as administratrix asserting that she was never served with process and disputing the petitioner's status as a distributee and grandchild of the decedent.
file:///C|/Users/Peter/Desktop/NY/2/2007_50108.htm[4/21/2013 10:45:47 PM] Matter of Garner (2007 NY Slip Op 50108(U))
In her initial application, the petitioner alleged that she is the decedent's granddaughter, a non

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